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South Africa Case Law

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Constitutional Law [2023] ZANWHC 170

Selebogo and Others v African National Congress and Others (Reasons) (UM 161/2022)

Selebogo and Others v African National Congress and Others (Reasons) (UM 161/2022) [2023] ZANWHC 170 (9 February 2023)

Court
North West High Court, Mafikeng
Case number
UM 161/2022
Judge
Petersen

The court found that the applicants failed to exhaust the internal remedies provided by the ANC Constitution, specifically the dispute resolution process available to branches. The right to declare a dispute regarding delegate recognition at conferences is vested in the branches, not individual members. The applicants did not demonstrate that their branches had mandated or joined the application, nor did they show that the internal remedies were unavailable or ineffective. The evidence indicated that alleged irregularities at the conference were addressed and resolved through internal process…

Source excerpt

  • Internal Remedies Exhaustion
  • Political Party Membership
  • Urgent Interdict
  • Rule 41a Uniform Rules
  • Section 19 Political Rights
  • Costs Order
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Constitutional Law [2017] ZAECGHC 131

Mgabadeli and Others v African National Congress and Others (EL1303/2017, ECD3703/2017)

Mgabadeli and Others v African National Congress and Others (EL1303/2017, ECD3703/2017) [2017] ZAECGHC 131 (12 December 2017)

Court
Eastern Cape High Court, Grahamstown
Case number
EL1303/2017, ECD3703/2017
Judges
D Van Zyl, N G Beshe, G G Goosen

The court found that the applicants' complaints regarding irregularities at branch and conference level were disputed on the papers and not proven to the stringent standard required for final relief in motion proceedings. The ANC's constitution and guidelines provided for internal remedies, and the NEC was actively considering the complaints, having established an appeal panel to investigate and make recommendations. The court held that the matter was not ripe for judicial determination, as the internal processes had not concluded and the applicants had not demonstrated that these remedies we…

Source excerpt

  • Section 19 Political Rights
  • Internal Remedies Exhaustion
  • Ripeness Doctrine
  • Voluntary Association Contract
  • Conference Election Irregularities
  • Urgent Application Requirements
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.