Medupe and Others v African National Congress and Others

The appellants, members of the ANC North West Province, challenged the validity of the North West ANC Provincial Conference held from 12-14 August 2022. The dispute arose after the NEC dissolved the Provincial Executive Committee (PEC) in August 2018 and appointed an Interim Provincial Committee (IPC) in August 2019. Rule 12.2.4 of the ANC constitution stipulates that elections for a dissolved PEC must be called within nine months of dissolution. The appellants contended that the IPC's term of office automatically expired in April 2022 (nine months after its appointment). However, due to the COVID-19 pandemic and national lockdown, the Provincial Conference could not be held within the nine-month period. The NEC adopted various resolutions purporting to extend the IPC's mandate. In August 2022, a court (Strydom J) declared that the IPC did not have voting powers at the Provincial Conference. The NEC then decided that the conference would proceed under NEC deployees' direction. The appellants challenged the lawfulness of the conference and the NEC's involvement as usurping the PEC's constitutional powers.

• Whether on a proper interpretation of rule 12.2.4 of the ANC constitution, the IPC's term of office automatically expired nine months after the dissolution of the PEC
• What are the legal principles applicable to the interpretation of constitutions of voluntary associations
• Whether the IPC had authority to call the Provincial Conference when it did
• Whether the NEC was empowered by the ANC constitution to take control of the elections at the Provincial Conference
• Whether the NEC's conduct violated the ANC constitution and amounted to unlawful usurpation of the PEC's powers

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

The binding legal principles established are: (1) The constitution of a voluntary association, together with regulations promulgated thereunder, constitutes an agreement between the association and its members and must be interpreted according to principles applicable to contract construction, particularly the Endumeni principles; (2) On a proper interpretation of rule 12.2.4 of the ANC constitution, an Interim Provincial Committee's term of office is linked to 'the period of suspension or dissolution of the PEC' and endures until the election of a new PEC, not merely until the expiry of the nine-month period within which elections should be called; (3) Force majeure events (such as the COVID-19 pandemic) may legitimately prevent compliance with prescribed timelines in voluntary association constitutions without automatically terminating the authority of interim structures; (4) Constitutional provisions of voluntary associations must be interpreted purposively to avoid absurd results such as governance vacuums that would undermine good governance and democratic functioning; (5) The governing body of a voluntary association (such as the NEC) has authority under its constitutional mandate to take necessary steps to ensure the fulfillment of the association's objectives when unforeseen circumstances arise, including ensuring that properly convened conferences proceed even when interim structures are declared ineligible to participate.

The Court observed that while political parties enjoy autonomy in regulating their internal affairs, courts have recognized that the exercise of internal power by political parties may have far-reaching consequences for constitutional democracy. However, the Court did not need to determine whether the NEC's conduct violated the Constitution under s 172(1)(a), as it found no violation of the ANC constitution. The Court noted that apart from assertions that the conference was improperly convened and that the NEC's conduct amounted to 'hostile takeover', there was no suggestion that anything untoward happened at the conference itself. The Court also observed that the appellants' alternative suggestion that the NEC should have appointed another IPC to hold the elections was illogical, since another IPC would also not have been an elected structure, making it functionally equivalent to the NEC conducting the elections through its deployees. The Court implicitly endorsed the principle from Ex Parte United Party Club that office bearers of voluntary associations do not necessarily lose authority simply because they fail to comply with constitutional obligations to retire or call elections within specified timeframes.

This case is significant for clarifying the legal principles governing the interpretation of constitutions of voluntary associations in South African law. It confirms that such constitutions constitute contractual agreements between members and the association and must be interpreted according to contract construction principles established in Endumeni. The judgment is particularly important for political parties, reaffirming the principles established in Ramakatsa v Magashule that while political parties have autonomy to regulate their internal affairs, their constitutions must be interpreted as unique contracts. The case provides guidance on how provisions in voluntary association constitutions should be interpreted purposively, having regard to their text, context and purpose, particularly where literal interpretations would lead to absurd or impractical consequences such as governance vacuums. It also clarifies the scope of authority of interim structures and governing bodies in voluntary associations to respond to unforeseen circumstances, including force majeure events like the COVID-19 pandemic.