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[2022] ZAGPJHC 323
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South African National Civil Organisation v Ramosie and Others (7016/2019) [2022] ZAGPJHC 323 (6 May 2022)
IN
THE HIGH COURT OF SOUTH AFRICA
(GAUTENG
LOCAL DIVISION, JOHANNESBURG)
CASE
NO. 7016/2019
REPORTABLE:
NO
OF
INTEREST TO OTHER JUDGES: NO
REVISED:
NO
06
May 2022
In
the matter between:
SOUTH
AFRICAN NATIONAL CIVIC ORGANISATION APPLICANT
and
BAKOENA
RAMOSIE
1
ST
RESPONDENT
ISAAC
PLAATJIES
2
ND
RESPONDENT
BHEKI
KAHNYILE
3
rd
RESPONDENT
ROY
MOODLEY
4
TH
RESPONDENT
PACKET
SEAKETSO
5
TH
RESPONDENT
JUDGMENT
L
I VORSTER, AJ:
1.
This is an application where the Applicant claims
from the Respondents the following relief:
“
1.
A declaratory order is granted that the National Conference held on
the
19
th
of January 2019 by the Applicant was in line with the Constitution
and SANCO and:
1.1.
Confirming the election process conducted
by Electoral Institute for Sustainable Democracy in Africa (EISA) on
19 January 2019,
to have been credible and legitimate in accordance
with the requirement of the Constitution of SANCO.
1.2.
That all resolutions taken in the 6
th
National Conference held on the 19
th
January 2019 to be legal and valid.
1.3.
That the elected National Executive
Committee on 19 January 2019 be declared the only constitutional and
recognised structure of
SANCO.
1.4.
That the First, Second, Third, Fourth and
Fifth Respondents forming the National Interim Leadership Committee
be declared an unconstitutional
structure of SANCO and, that it be
further interdicted from continuing acting as a constitutionally
formed structure of SANCO.
1.5.
That the First, Second, Third, Fourth and
Fifth Respondents be further interdicted from acting as the National
Interim Leadership
Committee of SANCO and carrying on business,
organisational activities and addressing the media and other forums
under the letterhead
and umbrella of SANCO.”
2.
The Respondents are all members of the Applicant.
The founding affidavit of the application is made by Michael Soko who
claims to
be the General Secretary of the Applicant claiming the
relief set out above.
3.
It appears from the documents filed of record
that this application is the culmination of a long-standing dispute
between the Respondents
and other members of the Applicant. The gist
of the dispute between the parties is the question whether a valid
National Conference
was held on the 19
th
of January 2019 or whether a National Interim Leadership Committee
was elected on that date having the First, Second, Third, Fourth
and
Fifth Respondents as members. Needless to say, the papers are riddled
with factual disputes between the parties. It appears
that this is a
long-standing dispute between the parties which emanates from as long
ago as 2018. I have come to the conclusion
that it is undesirable, if
at all possible, to sort out the factual disputes between the parties
or even referring some factual
disputes for oral evidence as a means
to come to a decision on the issues in this application.
Consequently, I am of the view that
the only practical way to resolve
this long-standing dispute between the parties is that it should be
referred to trial so that
the contesting parties can give evidence,
get cross-examined and a Court can make a proper decision and
findings on the disputed
facts to dispose of this application.
4.
In the result, I make the following order:
“
1.
The matter is referred to trial.
2.
The Applicant must file a declaration setting out its cause of action
and the facts relied upon as well as the relief claimed.
3.
The rules of Court relating to action proceedings will apply to the
action until its conclusion.
4.
The declaration referred to above must be filed and served within
15
days from date of this order.
5.
The costs of this application will be costs in the action to follow.”
L
I VORSTER SC, AJ
Acting
Judge of the High Court
HEARD
ON: 20
APRIL 2022
DECIDED
ON: 06
MAY 2022
For
the Applicants:
ADV V P Ngutshana
Instructed
by Masondo Malope Attorneys Incorporated
For
the Respondents:
KWINANA
MABUSA NKOME INC