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

Zulu and Others v Provincial Executive Committee - ANC, Kwazulu-Natal and Others (189/2022P)

Zulu and Others v Provincial Executive Committee - ANC, Kwazulu-Natal and Others (189/2022P) [2023] ZAKZPHC 63 (19 May 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

189/2022P

Judge

Smart AJ

The court found that the respondents raised genuine disputes of fact regarding the alleged irregularities in the procedures leading up to the conference. The respondents' affidavits were corroborated by documentary evidence, including a final verification report, and addressed each complaint raised by the applicants. Applying the Plascon-Evans rule, the court accepted the respondents' version where disputes of fact existed. The applicants failed to establish that the conference was convened in breach of the ANC constitution or guidelines, or that their constitutional rights were infringed. Co…

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• Internal Party Democracy
• Section 19 Rights
• Conference Guidelines
• Dispute Resolution
• Locus Standi
• Branch Verification

Economic Freedom Fighters v City of Cape Town and Another (17099/21)

Economic Freedom Fighters v City of Cape Town and Another (17099/21) [2021] ZAWCHC 209 (19 October 2021)

Court

Western Cape High Court, Cape Town

Case number

17099/21

Judge

Montzinger

The Court found that the EFF established a clear constitutional right under section 19(1)(c) to campaign for votes, which would be irreparably harmed by the removal of its election banners. The City's By-Law, which prohibits banners for electioneering but allows them for other functions, was found to be prima facie irrational and arbitrary. The EFF complied with the legal requirements for interim relief, including urgency, irreparable harm, and balance of convenience, which favoured the applicant due to the limited duration and exceptional nature of the election period. The Court held that ex…

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• Interim Interdict
• Section 19 Rights
• Municipal By Laws
• Electoral Campaigning
• Irrationality Review

Democratic Alliance v Brummer (A184/2020)

Democratic Alliance v Brummer (A184/2020) [2021] ZAWCHC 62; [2021] 2 All SA 818 (WCC); 2021 (6) SA 144 (WCC) (12 April 2021)

Court

Western Cape High Court, Cape Town

Case number

A184/2020

Judges

Saldanha, Gamble, Wille

High Court appeal on whether issue estoppel barred a damages claim after earlier proceedings over party membership termination.

• Issue Estoppel
• Res Judicata
• Constitutional Damages
• Party Membership Termination
• Public Policy
• Section 19 Rights

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

Ramakatsa and Others v African national Congress and Another (3041/2018)

Ramakatsa and Others v African national Congress and Another (3041/2018) [2019] ZAFSHC 26 (21 February 2019)

Court

Free State High Court, Bloemfontein

Case number

3041/2018

Judge

A.F. Jordaan

The High Court dismissed an urgent application challenging the Free State ANC provincial conference and refused contempt relief, finding no proven breach of the earlier order.

• Internal Party Democracy
• Contempt Of Court
• Branch General Meetings
• Section 19 Rights
• Costs Order
• Contempt-of-court

Ntamo and Another v African National Congress, Regional Executive Committee of the Eastern Cape Province and Others (1693/2017)

Ntamo and Another v African National Congress, Regional Executive Committee of the Eastern Cape Province and Others (1693/2017) [2018] ZAECMHC 51 (28 August 2018)

Court

Eastern Cape High Court, Mthatha

Case number

1693/2017

Judge

G H Bloem

The court found that the ANC task team had taken a decision to dismiss the applicant's appeal and, in accordance with established legal principles, that decision stands until set aside. The applicant's exclusion from the branch meeting constituted conduct inconsistent with section 19 of the Constitution, but did not justify setting aside the regional conference or its decisions, as the broader irregularities present in Ramakatsa were not established. The costs order was made in accordance with the general rule and the submissions of both parties, and there were no grounds for a court of appea…

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• Internal Party Democracy
• Section 19 Rights
• Costs Award
• Administrative Action
• Plascon Evans Rule