Khoza and Others v National Executive Committee, African National Congress Women's League and Others (D9489/2023) [2024] ZAKZDHC 5

9th February 2024

Khoza and Others v National Executive Committee, African National Congress Women's League and Others (D9489/2023) [2024] ZAKZDHC 5

Click here to read the full judgment on Saflii

[1]        This is an application in which the applicants seek an interim order (rule nisi) calling upon the first respondents to show cause why the first respondent's 'nullification' of the sixth provincial conference of the African National Congress Women's League ("ANCWL") KwaZulu-Natal held in August 2023 should not be set aside. In addition, the applicants seek an order interdicting and restraining the first respondent from prohibiting the applicants in performing their functions and duties as the duly elected and mandated Provincial Executive Committee ("PEC") in KwaZulu-Natal of the ANC Women's League, pending the finalisation of this application. The applicants also seek an order restraining the first respondent from appointing any interim structure or task team to replace and/or act in the stead of the duly elected PEC pending the finalisation of this application.

[2]        All respondents opposed the application. On 1 September 2023, the application served before this court as an urgent matter, but it was postponed indefinitely sine die. Specific directives were given for the future conduct of the proceedings and the costs were reserved.

[3] On 22 November 2023, an application for leave to intervene in this application was issued under case no. 09489/2023. The intervening applicants were three other members of the ANCWL who had attended the conference in issue. This application to intervene was however withdrawn at the instance of the intervening applicants when the matter served before court on 01 December 2023.