South Africa Case Law

Sokomani and Others v African National Congress and Others (EL531/2020)

Sokomani and Others v African National Congress and Others (EL531/2020) [2023] ZAECELLC 2 (3 February 2023)

Court

Eastern Cape High Court, East London Local Court

Case number

EL531/2020

Judge

Govindjee

The court found that the rule nisi was framed too broadly, covering all ANC branch meetings in the region, while the applicants were only members of specific wards. The internal ANC appeal processes had been completed, and the regional conference had already taken place, rendering the issues moot. There was no live controversy remaining between the parties, and confirming the rule would have no practical effect. The court held that, as a court of first instance, it had no discretion to decide moot issues in the interests of justice or public importance. The applicants failed to establish a ba…

Source excerpt

• Political Party Internal Governance
• Mootness
• Declaratory Relief
• Branch Meeting Irregularities
• Exhaustion Of Internal Remedies

Ntshayisa NO v African Independent Congress National Executive Committee and Others (5712/2018)

Ntshayisa NO v African Independent Congress National Executive Committee and Others (5712/2018) [2019] ZAKZPHC 12 (1 March 2019)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5712/2018

Judge

Poyo Dlwati

The court set aside the African Independent Congress’s April 2018 national congress for procedural non-compliance, including defects in the voters’ roll and internal processes.

• Political Party Internal Governance
• Right To Participate In Political Party
• Setting Aside Unlawful Congress
• Procedural Irregularity
• Locus Standi
• Non Joinder

Dube and Others v Zikalala and Others (7904/2016P)

Dube and Others v Zikalala and Others (7904/2016P) [2017] ZAKZPHC 36; [2017] 4 All SA 365 (KZP) (12 September 2017)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

7904/2016P

Judges

Koen, Balton, Chetty

The court held that the Eighth KwaZulu-Natal Provincial Elective Conference of the ANC was convened in breach of rule 17.2.1 of the ANC constitution, as it was held earlier than four years after the previous conference without a request from at least one third of branches. The interpretation of the rule, considering the text, context, and purpose, required that conferences be held at least every four years, and more often only if properly requested. The absence of such a request rendered the conference unlawful. The court found that alleged irregularities in the audit and accreditation proces…

Source excerpt

• Political Party Internal Governance
• Interpretation Of Constitution
• Declaratory Relief
• Locus Standi
• Time Bar
• Conference Election Irregularities