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South Africa decisions
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Moqolo and Others v African National Congress (A118/2023) [2024] ZAFSHC 23 (1 February 2024)
Full court appeal dismissed as moot after ANC councillor vacancies were filled; the court also upheld the final interdict and costs order.
African National Congress v Moqolo and Others - Leave to Appeal (1852/2023) [2023] ZAFSHC 255 (28 June 2023)
The High Court granted the respondents leave to appeal after finding that another court could reach a different conclusion on the effect of their expulsion.
Phillips and Others v Olyn and Others (148/2022) [2023] ZANCHC 21 (26 May 2023)
The court found that the first respondent, Piet Olyn, had resigned as secretary of the Siyathemba Community Movement and therefore lacked authority to initiate disciplinary proceedings or expel the applicants. The disciplinary actions taken by Olyn were contrary to the party's constitution, which requires the Executive Committee to appoint a Disciplinary Committee, and no such committee had been appointed. The expulsions were a nullity and had no effect on the applicants' positions within the party or the municipal council, as neither the municipality nor the IEC recognised the expulsions. Th…
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Kupa v Economic Freedom Fighters and Others (39/2018) [2019] ZAECGHC 109 (15 October 2019)
The court held that the order of the court a quo was not appealable as it did not have an immediate and substantial effect, nor did it cause serious, immediate, ongoing, or irreparable harm. The reinstatement and suspension of expulsion were temporary measures pending the outcome of the applicant's appeal, and no finding was made on the merits of the appeal. The interpretation of the party's Code supported the applicant's entitlement to procedural rights, and the first respondent acted prematurely by not affording her a hearing in terms of Clause D.25. The grounds raised by the respondent reg…
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Kupa v Economic Freedom Fighters and Others (39/2018) [2018] ZAECGHC 126 (7 December 2018)
The court refused condonation for a late answering affidavit and held that the party acted prematurely by implementing an expulsion before the internal appeal was completed.
Ntongana and Others v Charperson: the National Disciplinary Committee of Appeal of the African National Congress and Others, MEC: Local Government and Traditional Affairs of the Government of the Eastern Cape v Others (2743/2009, 2794/2009) [2009] ZAECGHC 78 (5 November 2009)
The court granted interim relief after finding the ANC appeal hearing was not properly notified, suspended the expulsions, and reinstated the councillors pending review.
Mayisela v African National Congress and Others (1342/2007) [2008] ZANWHC 8 (15 May 2008)
The court held that the ANC’s removal of an MPL through the provincial working committee was disciplinary action and invalid because Rule 25 procedures were not followed.
Shunmugan and Others v Newscastle Local Municipality and Others, Nation Democration Convention and Shunmugan and Others (6883/07, 7680/07) [2007] ZAKZHC 16; [2008] 2 All SA 106 (N); 2008 (5) BCLR 532 (N) (4 December 2007)
The court held that the councillors who had been expelled from NADECO prior to midnight on 31 August 2007 were no longer members of the party at the commencement of the floor crossing period and thus lost their seats. By joining other parties, these councillors abandoned any right to challenge their expulsions or seek reinstatement. The court found that a declaratory order regarding the lawfulness of the expulsions would be academic and have no practical effect. The order of 31 August 2007 did not reinstate the councillors as members but maintained the status quo pending final determination.…
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