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Motswana and Others v African National Congress and Others (35398/18) [2019] ZAGPJHC 4

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Motswana and Others v African National Congress and Others (35398/18) [2019] ZAGPJHC 4

7th February 2019

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Click here to read the full judgment on Saflii

[1] The applicants are branch members of the African National Congress in the North West Province. They seek an order declaring unlawful and setting aside the decision of the National Executive Committee (NEC) of the African National Congress taken on 31 August 2018 to disband or dissolve the North West Province Executive Committee (PEC). The first applicant is a former member of the disbanded PEC. The fifth applicant is the former Chairperson of the disbanded PEC and former Premier of the North West Province. The second to the forty-third respondents are also members of the disbanded PEC.

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[2] On disbanding the PEC, the NEC appointed a Provincial Task Team (PTI) on 20 September 2018. The forty-fourth to seventy-fourth respondents are the members of the PTI. The applicants also seek orders: (a) declaring unlawful and setting aside the decision of the NEC to appoint the PTT, and (b) interdicting the PTI from carrying out the functions conferred on it by the NEC and the ANC Constitution. Lastly, the applicants seek an order reinstating the disbanded PEC within 7 days of issue of the order of this Court.

[3] This matter first came before Moshidi J on 9 November 2018 on an urgent basis for interim relief. Moshidi J struck the matter from the roll on the basis of a lack of urgency. He, nonetheless, observed that the matter is of national significance and should be heard expeditiously. The matter was accordingly set down on the opposed motion roll on 29 January 2019 for final relief on a semi-urgent basis.

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