Ramakatsa and Others v Magashule and Others

The appellants were members of the African National Congress (ANC) in the Free State province. They challenged the validity of the ANC’s Free State Provincial Conference held from 21–24 June 2012, alleging widespread irregularities in branch meetings that elected delegates to the conference. These alleged irregularities, they contended, rendered the conference and the election of the Provincial Executive Committee (PEC) unlawful. The Free State High Court dismissed their application without considering the merits, relying solely on procedural and technical defects such as improper service, non-joinder of branches and delegates, prematurity, and failure to exhaust internal party remedies. The appellants sought urgent leave to appeal directly to the Constitutional Court.

Leave to appeal was granted; the judgment of the Free State High Court was set aside; however, the appeal itself was dismissed.

This case is significant for confirming that section 19 of the Constitution protects not only participation in political parties but also the right of members to insist that political parties act lawfully and in accordance with their own constitutions. It affirms the justiciability of internal political party disputes where constitutional rights are implicated and clarifies that courts should not lightly dispose of such matters on technical procedural grounds.