Ramakatsa and Others v African National Congress and Another

The appellants, members of the African National Congress (ANC), challenged the lawfulness of the ANC Free State Provincial Conference held on 18–19 May 2018. Earlier High Court orders in November and December 2017 (the Van Zyl and Molemela orders) had declared several Branch General Meetings (BGMs) unlawful and prohibited the holding of a provincial conference until lawful BGMs were convened in compliance with the ANC Constitution and Guidelines. Despite these orders, the ANC proceeded to hold the 2018 Provincial Conference. The appellants alleged that many BGMs preceding the conference were still unlawful due to lack of quorum, participation by members not in good standing, inadequate notice, absence of deployees, irregular attendance registers, and failure to conduct a proper membership audit within nine months of the conference as required by ANC Guidelines. The Free State High Court dismissed the application, applying the Plascon-Evans rule and finding that the ANC had substantially complied with the court orders. The appellants sought leave to appeal to the Supreme Court of Appeal (SCA).

The appeal was upheld with costs, including the costs of two counsel. The order of the High Court was set aside and replaced with an order declaring that the ANC Free State Provincial Conference held on 18–19 May 2018, and all its decisions, resolutions, and outcomes, were unlawful and unconstitutional. The declaration of invalidity was ordered to operate prospectively from the date of the SCA judgment.

The judgment reinforces the constitutional principle that political parties are bound to act in accordance with their own constitutions and rules, and that members may enforce compliance through the courts. It affirms that internal party democracy, including lawful branch meetings and proper membership audits, is integral to the section 19 constitutional right to participate in political activities. The case also clarifies that failure to comply with mandatory internal procedures renders party conferences unlawful and that prior litigation does not bar later challenges to continuing non-compliance.