Heradien v Meshoa and Others

The applicant, Mr Heradien, was a member of ICOSA (a political party) and served as its proportional representation councillor on the Witzenberg Municipality Council. Following internal disputes, Mr Heradien and other members ceased paying membership dues to the party's National Executive Committee (NEC) and instead paid them into an alternative bank account controlled by a breakaway provincial structure. ICOSA's constitution provided that membership terminates automatically if a member fails to renew membership by the date determined by the NEC (22 November 2023). Mr Heradien was informed on 4 December 2023 that his membership had terminated. The Municipal Manager then advised the IEC, which replaced Mr Heradien with Mr Nel (the tenth respondent) as the ICOSA PR councillor. Mr Heradien sought an urgent interim interdict pending a review of his expulsion.

• Whether the applicant established a prima facie right to interim interdictory relief pending a review of the termination of his political party membership.
• Whether the termination of the applicant's membership of ICOSA constituted a reviewable 'decision' or occurred automatically by operation of the party's constitution.
• Whether the disciplinary procedures in the party's constitution applied to the automatic termination of membership for non-payment of fees.
• Whether the replacement of the applicant as a PR councillor constituted a decision or occurred by operation of law.
• Whether an interim interdict can be granted to remedy past invasions of rights rather than prevent future harm.
• Whether costs should be awarded in interlocutory proceedings.

1. The application for interim relief in Part A of the notice of motion is dismissed. 2. The costs of this application shall stand over for determination by the court hearing the relief sought in Part B of the notice of motion.

Where a political party's constitution provides for automatic termination of membership upon the occurrence of specified events (such as failure to pay membership fees), no 'decision' is taken that is reviewable under PAJA. The disciplinary procedures of the party do not apply to such automatic termination. Similarly, the replacement of a PR councillor under s 27(c) of the Local Government Municipal Structures Act occurs by operation of law and does not involve a reviewable decision. An interim interdict is not available to remedy past invasions of rights; it is concerned with preventing future harm.

The court noted that even if the applicant's financial position was precarious, this could not justify interfering with the proper functioning of a political party or the Council, particularly where the applicant openly disputed the NEC's legitimacy and did not intend to follow its instructions. Allowing him to occupy the seat would effectively cause ICOSA to lose the seat it won in democratic elections.

This case reaffirms and applies the established principle in South African law (following Minister van Onderwys en Kultuur v Louw and Phenithi v Minister of Education) that consequences occurring by operation of law — including automatic termination of political party membership under a party's constitution — do not constitute administrative action reviewable under PAJA. It confirms that political parties may include provisions for automatic membership termination without triggering the audi alteram partem rule, and that courts will not interfere with the internal democratic functioning of political parties through interim interdicts absent a prima facie right.