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Democratic Alliance v Brummer (A184/2020) [2021] ZAWCHC 62

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Democratic Alliance v Brummer (A184/2020) [2021] ZAWCHC 62

13th April 2021

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[1]        Notwithstanding, that I have had the benefit of reading the majority judgment of my senior colleague Gamble J, I nevertheless remain unpersuaded that it is desirable to lend support to a relaxation of the doctrine of - issue estoppel - so as to find in favour of and to the benefit of the respondent.  I say this because, I hold the view that the facts of this case, do not promote the exercise of a judicial discretion in favour of the respondent, on the basis of either fairness or equity.

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[2]        This appeal concerns the core issue of the correct application of a plea of res judicata in the form of - issue estoppel - to what I view, as mostly common cause facts.  The respondent is an erstwhile member of the appellant and relied on the appellant’s funding and ran on the appellant’s electoral ticket as a career politician.  The respondent was elected as one of the appellant’s councillors.  During 2012, the appellant terminated the respondent’s membership in and to the party.[

[3]        No doubt, this prompted the respondent to launch an application for, inter alia, an order to re-instate his membership in and to the appellant, asserting that the termination of his membership by the appellant, was unlawful.  At the outset, interim relief was agreed upon and the application was postponed for the delivery of further papers and for its ultimate determination.  Following argument, the application was dismissed with costs by Traverso DJP.

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