Narius Moloto v The Pan Africanist Congress of Azania

The Pan Africanist Congress of Azania (PAC) had been divided into two factions, each claiming legitimacy. By consent, the Gauteng Division of the High Court (Mavundla J) granted an order on 8 March 2019 uniting the factions into a joint National Executive Committee (NEC), with Narius Moloto as President and Apa Shadrack Ntsiki Pooe as Secretary-General, and directing that a national congress be held by 31 August 2019. On 18 May 2019, the joint NEC resolved to hold the congress from 29–31 August 2019 in Bloemfontein and mandated Pooe to manage logistics. After Pooe issued a circular, Moloto unilaterally invoked clause 14.2 of the PAC Constitution, claiming emergency powers, suspended the constitution, dissolved the NEC, and decreed a different congress date and venue. The PAC successfully challenged this decree in the High Court, which set it aside. Moloto appealed to the Supreme Court of Appeal, but by the time of the appeal the congress had already been held and subsequent litigation had removed Moloto as PAC President.

The appeal was dismissed with costs on the attorney-and-client scale, including the costs of two counsel where employed.

The case reinforces the doctrine of mootness in South African appellate practice and clarifies the discretion of appeal courts under section 16(2)(a)(i) of the Superior Courts Act. It underscores judicial reluctance to adjudicate internal disputes of political parties where no live controversy exists and highlights the binding force of consent court orders. The judgment also signals that unilateral actions contrary to court orders are void and may attract punitive costs.