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Congress of the People and Others v Lekota and Another ( A5043/10) [2010] ZAGPJHC 132

3rd January 2011

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  • Congress of the People and Others v Lekota and Another ( A5043/10) [2010] ZAGPJHC 132
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This appeal relates to an order granted by Makume J on 29 May 2010 interdicting the holding of an election. The first appellant is, nominally, “the Congress of the People”. As will appear later, “the Congress of the People” is not, in fact, a party to this appeal.


The respondents, who are office bearers of the first appellant, approached the court below on an urgent basis and obtained an order in the following terms:

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1.That the first respondent (the first appellant) be interdicted and restrained from holding an election in contravention of the undertaking reflected in paragraph 1 of its resolution of 27 May 2010, a copy of which is attached hereto as Annexure “A”.


2.That the first respondent is ordered to defer the elections for a period of 4 months in order to allow nominations in terms of nominations to be accepted as per paragraph 3 of its resolution of 27 May 2010 (Annexure “A”).

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3.Ordering the first, second, third and fifth to forty-third respondents to pay the costs of this application.

 

Despite the fact that a full court of this division was constituted to hear the appeal on an urgent basis, the appellants have permitted the appeal to lapse. There is before us an application for condonation and reinstatement of the appeal. Condonation is sought in respect of the late filing of the appellants’ notice of appeal; the filing of an incomplete or defective power of attorney; the late filing and inclusion of several pages of the appeal record and the late filing of the appellants’ heads of argument.

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