CCT109/12

[2012] ZACC 31

2013 (2) BCLR 202 (CC)

Yacoob J Majority judgment

Froneman J dissenting judgment

Moseneke J judgment on the merits

18 December 2012

http://hdl.handle.net/20.500.12144/3694

Urgent application for leave to appeal directly to the CC against a judgment of the Free State High Court: Ramakatsa and Others v Magashule and Others [2012] ZAFSHC 207

Urgent application for leave to appeal directly for the setting aside of the judgment of the Free State High Court, which dismissed an application aimed at, amongst other things, challenging the propriety of the Free State Provincial Conference of the African National Congress (ANC). The High Court dismissed the application on the basis that the case was not properly before it because of procedural defects. The Court held that constitutions and other rules of political parties must be consistent with the Constitution of the Republic (Constitution). It held further that in regulating their internal affairs, political parties must facilitate the exercise of political rights entrenched in section 19 of the Constitution. The majority found that the applicants proved irregularities in the preparation process leading up to the provincial conference. Moreover that the irregularities amounted to a violation of the applicants’ right to participate in the activities of the ANC and breached the ANC’s constitution as well as its Membership Audit Guidelines. As a result the majority held that the irregularities nullified the provincial conference. The Court upheld the appeal, set aside the order of the High Court and declared the Provincial Elective Conference held at Parys on 21 – 23 June 2012 and its decisions and resolutions unlawful and invalid. It made no order as to costs. The minority held that, on the merits of the appeal, the applicants failed to prove that their grievances were not resolved by the ANC. It held further that this was the only case the ANC was expected to meet. For these reasons they would have dismissed the appeal. Majority: Moseneke DCJ and Jafta J (Khampepe J, Nkabinde J, Skweyiya J, Van der Westhuizen J and Zondo J). Minority: Froneman J (Mogoeng CJ and Yacoob J).