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Constitutional Law [2023] ZAGPJHC 791

Sithole and Others v African National Congress and Others (020623/2022)

Sithole and Others v African National Congress and Others (020623/2022) [2023] ZAGPJHC 791; [2023] 3 All SA 890 (GJ) (17 July 2023)

The court found that the exclusion of branches from the Ekurhuleni Regional Conference was not based on any empowering provision in the ANC constitution or guidelines, and the process was procedurally and substantively unfair. The complaints leading to disqualification were not properly lodged, and the decision to quarantine votes was arbitrary and not provided for in the rules. The ANC's reliance on the '70% rule' was misconstrued; it is a quorum requirement, not a license to deny minority members their rights. The irregularities were material, as the quarantined votes could have determined…

  • Political Rights
  • Internal Party Democracy
  • Ultra Vires
  • Procedural Fairness
  • Setting Aside Elections
  • Section 19 Constitution
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