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African National Congress v Ezulweni Investments (Pty) Ltd (979/2022) [2023] ZASCA 159


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African National Congress v Ezulweni Investments (Pty) Ltd (979/2022) [2023] ZASCA 159

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24th November 2023


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Click here to read the full judgment on Saflii

[1]             The respondent, Ezulweni Investments (Pty) Ltd (Ezulweni), claimed to have concluded an agreement on 20 February 2019 with the appellant, the African National Congress (the ANC).[1] This the ANC denied. Ezulweni then applied to the Gauteng Division of the High Court, Johannesburg (the high court) for payment of R102 465 000, along with interest and costs. The high court, per Bhoola AJ, granted the relief sought by Ezulweni. The ANC was granted leave to appeal to the full court of that division. The full court, per Adams J, with Makume and Twala JJ concurring, turned down the appeal with costs. This court granted the ANC special leave to appeal and this is the resultant appeal.


[2]             Two initial matters bear mention. The first is that the appeal had lapsed and an application was made by the ANC for its reinstatement. After argument was heard, the panel adjourned briefly, and thereafter made an order reinstating the appeal. No costs order was sought or made.

[3]             The second relates to an application to admit further evidence on appeal brought by the ANC. It was based on s 19(b) of the Superior Courts Act 10 of 2013. Once more, after hearing the submissions of the parties, the panel adjourned briefly, and then made an order dismissing that application with costs. It was indicated at the time that the reasons for that decision would be furnished along with the judgment in the appeal.



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