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

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

31st August 2018

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[1] On 19 June 2018 the court dismissed the applicants’ application for an order that the regional conference of the O R Tambo region of the African National Congress (the ANC) that was held on 16, 17 and 18 October 2015 as well as the decisions taken at that conference be declared unlawful, illegal, unconstitutional and consequently null and void.  The court also ordered the applicants to pay the costs of the application.  The first applicant (the applicant) now seeks leave to appeal to the Supreme Court of Appeal alternatively the full court of this Division.

[2] The bases upon which a court may give leave to appeal are set out section 17 (1) of the Superior Courts Act[1].  Mr Notyesi, attorney for the applicant, relied on section 17 (1)(a)(i) for the submission that leave to appeal should be given because, so the submission went, an appeal would have a reasonable prospect of success.  Although in his notice of application for leave to appeal the applicant seeks leave to appeal on numerous grounds, at the hearing Mr Notyesi relied only on three grounds, namely that the court erred in finding that the task team which was under the leadership of Derek Hanekom (the task team) made decisions which still stand because they have not been set aside; that the court erred in finding that it does not follow that, because the applicant was not allowed to participate in the branch general meeting, the regional conference and the decisions taken at that conference should also be set aside; and that the court should have ordered each party to pay his or its own costs of the application.

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