Medupe and Others v African National Congress and Others

The appellants, members of the African National Congress (ANC) in the North West Province, challenged the lawfulness of the ANC’s Provincial Conference held from 12 to 14 August 2022. The dispute arose after the ANC’s National Executive Committee (NEC) dissolved the Provincial Executive Committee (PEC) and appointed an Interim Provincial Committee (IPC) in August 2019. Rule 12.2.4 of the ANC constitution requires that an election of a dissolved PEC be called within nine months. Due to the Covid‑19 national state of disaster, the NEC postponed conferences and repeatedly extended the IPC’s mandate. When the IPC eventually convened the Provincial Conference in August 2022, the appellants contended that the IPC’s term had expired and that the NEC unlawfully took over control of the conference after a High Court order deprived the IPC of voting powers. They sought to have the conference and the elections of a new PEC declared unlawful.

The appeal was dismissed with costs, including the costs of two counsel.

The case restates and clarifies South African law on the interpretation of constitutions of voluntary associations, particularly political parties, confirming that they are contractual in nature and subject to the Endumeni interpretive approach. It affirms the NEC’s residual powers to intervene to ensure effective governance where unforeseen circumstances arise and provides guidance on the effect of non‑compliance with time‑bound constitutional provisions.