Independent South African National Civic Association and Bakoena Stephen Ramosie v Zukile Luyenge and Others

ISANCO, a registered political party, experienced a leadership dispute between Mr Bakoena Stephen Ramosie and Dr Zukile Luyenge, each claiming to be the lawful leader. The dispute led to litigation in two High Court divisions. The Free State Division ordered the Electoral Commission to recognise Mr Ramosie as leader, an order that survived rescission attempts. Subsequently, the Eastern Cape Division reviewed and set aside the Commission’s implementation of that order and reinstated Dr Luyenge as leader. Faced with conflicting High Court orders, Mr Ramosie and ISANCO approached the Electoral Court under s 20(2A) of the Electoral Commission Act seeking a declaration that Mr Ramosie was the legitimate leader. Dr Luyenge opposed and filed a counter-application. The Electoral Court raised, mero motu, whether the dispute was res judicata.

The application and counter-application were dismissed. The first respondent’s application for leave to file a supplementary affidavit was refused. Each party was ordered to bear its own costs.

The case affirms the application of the doctrine of res judicata in electoral and political party leadership disputes and confirms the Electoral Court’s power to raise the issue mero motu. It underscores the importance of finality, legal certainty, and the prohibition of forum shopping in South African litigation, particularly where conflicting court orders exist.