South Africa Case Law

R Februarie v A Phillips and Others (0037/2024EC)

R Februarie v A Phillips and Others (0037/2024EC) [2024] ZAEC 25 (24 October 2024)

Court

Electoral Court

Case number

0037/2024EC

Judges

Zondi, Mhlambi, Professor Phooko

The application was dismissed because the applicant sought to relitigate issues already decided by the Electoral Court and the High Court. The court found that the first district management structure was authorised to continue until the next election, as previously ruled, and that the applicant's interpretation of the constitution was incorrect. The indefinite postponement of the conference was due to financial constraints and alleged misconduct, not an unconstitutional limitation of rights. The applicant failed to join the bank (FNB) as a party, rendering the relief sought regarding bank acc…

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• Political Party Membership Dispute
• Section 19 Rights
• Electoral Commission Act
• Internal Party Governance

Mlotshwa and Others v Msibi and Others (677/2020P)

Mlotshwa and Others v Msibi and Others (677/2020P) [2023] ZAKZPHC 140 (17 November 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

677/2020P

Judge

Mngadi

The court granted condonation and leave to appeal against an order setting aside a National Freedom Party conference and its resolutions.

• Condonation For Late Filing
• Leave To Appeal
• Internal Party Governance
• Conference Validity
• Peremption
• Costs Orders

Medupe and Others v African National Congress and Others (UM160/2022)

Medupe and Others v African National Congress and Others (UM160/2022) [2023] ZANWHC 63 (23 May 2023)

Court

North West High Court, Mafikeng

Case number

UM160/2022

Judge

J.T. Djaje

The court dismissed a challenge to the ANC North West Provincial Conference, holding the NEC lawfully extended the IPC's term during the COVID-19 disruption.

• Internal Party Governance
• Rule 6 Uniform Rules
• Force Majeure
• Judicial Review
• Anc Constitution
• Costs Order

Lungisa v African National Congress and Another (4211/2022)

Lungisa v African National Congress and Another (4211/2022) [2022] ZAECMKHC 111 (14 December 2022)

Court

Eastern Cape High Court, Makhanda

Case number

4211/2022

Judge

Lowe

Urgent interim interdict dismissed. The court held that Andile Lungisa failed to show a prima facie right to halt his ANC suspension pending further proceedings.

• Interim Interdict
• Association Rights
• Disciplinary Proceedings
• Bill Of Rights Section 18
• Internal Party Governance
• Costs Award

African Independent Congress and Others v Ntshayisa and Others (1112/2021P)

African Independent Congress and Others v Ntshayisa and Others (1112/2021P) [2022] ZAKZPHC 14 (9 May 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

1112/2021P

Judge

Mossop AJ

Neither the NEC nor the 'second interim structure' has constitutional legitimacy under the AIC's constitution. The NEC's term expired and was not validly extended or reconstituted according to the constitution, which only allows NEC election at a National Congress. The 'second interim structure' was not established by a constitutionally recognized process or by a majority of members. Both factions lack standing to represent the AIC or claim exclusive control over its affairs. The applications fail on the merits and, independently, neither meets the requirements for urgency under Uniform rule…

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• Internal Party Governance
• Voluntary Association Constitution
• Standing
• Urgent Application Requirements

Magashule v Ramaphosa and Others (2021/23795)

Magashule v Ramaphosa and Others (2021/23795) [2021] ZAGPJHC 88; [2021] 3 All SA 887 (GJ) (9 July 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2021/23795

Judges

Kollapen, Weiner, Molahlehi

The court held that Rule 25.70 of the ANC constitution is not unconstitutional or invalid under either the ANC constitution or the Constitution of South Africa. The ANC, as a voluntary association, is entitled to regulate its internal affairs, including membership and participation, provided its constitution is consistent with the national Constitution. The step-aside rule and the suspension of Mr Magashule were precautionary measures, not disciplinary or punitive actions, and did not require pre-suspension audi alteram partem. The court found that Mr Magashule was afforded ample opportunity…

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• Political Party Membership
• Internal Party Governance
• Precautionary Suspension
• Natural Justice
• Bill Of Rights Limitation
• Declaratory Relief

Ramakatsa and Others v African National Congress and Another (724/2019)

Ramakatsa and Others v African National Congress and Another (724/2019) [2021] ZASCA 31 (31 March 2021)

Court

Supreme Court of Appeal

Case number

724/2019

Judges

Saldulker, Mocumie, Dlodlo, Carelse, Weiner

The Supreme Court of Appeal found that the Provincial Conference of the ANC Free State held on 18 and 19 May 2018 was unlawful and unconstitutional. The respondents failed to comply with the peremptory audit requirements and did not lawfully convene the necessary BGMs as required by the ANC Constitution and guidelines. The evidence showed that audits were not conducted within the prescribed nine-month period, and several BGMs were either not held lawfully or at all. The court rejected the argument that only the branches mentioned in previous orders required audits, holding that the process ha…

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• Internal Party Governance
• Section 19 Rights
• Compliance With Court Orders
• Branch General Meetings
• Audit Requirements
• Unlawful Conference

Khoi San Revolution and Another v Smith and Others (2021/2017)

Khoi San Revolution and Another v Smith and Others (2021/2017) [2019] ZANCHC 10 (13 March 2019)

Court

Northern Cape High Court, Kimberley

Case number

2021/2017

Judge

Williams

The court declared William Peterson the duly elected president of the Khoi San Revolution, rejecting disputes over his authority and the party’s internal leadership.

• Locus Standi
• Internal Party Governance
• Authority To Institute Proceedings
• Electoral Commission Registration
• Locus-standi
• Internal-party-governance

Ntozini and Others v African National Congress and Others (18798/2018)

Ntozini and Others v African National Congress and Others (18798/2018) [2018] ZAGPJHC 415 (25 June 2018)

Court

South Gauteng High Court, Johannesburg

Case number

18798/2018

Judge

Carelse

The High Court struck an urgent ANC internal-governance application from the roll, finding the applicants had not shown objective urgency or substantial redress concerns.

• Rule 6 12 Urgency
• Internal Party Governance
• Disciplinary Proceedings
• Right To Substantial Redress
• Urgent-applications
• Rule-6-12

Tshishonga v Speaker of the National Assembly and Others (6821/2015)

Tshishonga v Speaker of the National Assembly and Others (6821/2015) [2015] ZAWCHC 125 (8 September 2015)

Court

Western Cape High Court, Cape Town

Case number

6821/2015

Judge

Rogers

The court found that the NEC meetings of 22 December 2014 and 28 February 2015 were validly convened and quorate, and that the disciplinary process against Tshishonga was procedurally fair. The constitution of Agang did not expressly prohibit the appointment of an external advocate as presiding officer or prosecutor, and such appointments were prudent given the internal divisions. The applicant had notice of the disciplinary hearing and failed to participate without valid excuse; the medical certificates provided were unsatisfactory. The outcome of the disciplinary hearing was not predetermin…

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• Internal Party Governance
• Disciplinary Procedure
• Expulsion Of Member
• Ultra Vires
• Procedural Fairness