IN THE FREE STATE HIGH COURT, BLOEMFONTEIN (REPUBLIC OF SOUTH AFRICA) CASE NO: In the matter between: MPHO RAMAKATSA 1st Applicant TUMISO MBETHE 2nd Applicant MAJORO MPURU 3rd Applicant ELISHA MBANGULA 4th Applicant CECILIA CHAKA 5th Applicant NTSHIWA MOROLLOANE 6th Applicant and ELIAS MAGASHULE 1st Respondent THABO MANYONI 2nd Respondent WILLIAM BULWANA 3rd Respondent MAMIKI QABATHE 4th Respondent MSEBENZI ZWANE 5th Respondent TATE MAKGOE 6th Respondent BUTANA KHOMPELA 7th Respondent OLLY MLAMLELI 8th Respondent SISI MABE 9th Respondent SAM MASHINENE 10th Respondent FEZI NGUMBENTOMBI 11th Respondent MALEWATLE NTHEDI 12th Respondent SEBENZILE NGANGELIZWE 13th Respondent 2 MANANA TLAKE 14th Respondent SISI NTOMBELA 15th Respondent MANANA SECHOARA 16th Respondent SARAH MOLELEKI 17th Respondent MADALA NTOMBELA 18th Respondent JACK MATUTLE 19th Respondent MEGGIE SOTYU 20th Respondent MATHABO LEETO 21st Respondent JONAS RAMOGOASE 22nd Respondent GERMAN RAMATHEBANE 23rd Respondent MAX MOSHODI 24th Respondent MADIRO MOGOPODI 25th Respondent AFRICAN NATIONAL CONGRESS 26th Respondent APPLICANTS’ FOUNDING AFFIDAVIT I, the undersigned, MPHO RAMAKATSA do hereby make oath and state that: 3 1. I am an adult male member of the Joyce boom (Ward 25) branch of the ANC in the Motheo region of the Free State province, residing at 28 Akkoorde Crescent, Pellissier, Bloemfontein. I am a citizen of the Republic of South Africa with ID No 6805085412084. I am also a member of the Umkhonto we Sizwe Military Veterans Association (“MKMVA”) and a former combatant who underwent military training under the auspices of the ANC in order to fight for the implementation of democracy and a bill of rights in South Africa. I have been a member of the ANC for the past 25 years. In 1987, I was arrested for ANC activities and sentenced to 15 years and served part of the sentence on Robben Island until my release in 1991 as part of a comprehensive deal made in the negotiations process. 2. The facts contained in this affidavit are both true and correct. Save where it is otherwise stated or appears from the context, the facts set out herein are within my own personal knowledge. Any legal submissions that I make are based on the advice of my legal representatives, which I accept to be correct. 3. I am duly authorised by the 2nd to 6th applicants to depose to this affidavit on behalf of all the applicants in this matter. I attach the supporting and confirmatory affidavits of the 2nd to 6th applicants hereto. In turn and as more clearly set out the applicants are duly authorised and mandated to bring this application in respect of and as members of the Class A and Class B groups of persons defined below. The applicants 4. I am the 1st applicant in this matter. 4 5. The 2nd applicant is TUMISO MBETHE, an adult male ANC member of the Ward 46 branch, Motheo region, residing at 15254 Phase 6 Bloemfontein, and who is a citizen of South Africa with ID No 7301095767088. 6. The 3rd applicant is MAJORO MPURU, an adult male ANC member of the Arthur Pitso (Ward 3) branch, Thabo Mofutsanyana region, residing at M2355 Manyatseng Location, Ladybrand, and who is a citizen of South Africa with ID No 7003315282084. 7. The 4th applicant is ELISHA MBANGULA, an adult male ANC member of the Dora Tamane (Ward 30) branch, Lejweleputswa region, residing at 752 Modikeng Road, Welkom, and who is a citizen of South Africa with ID No 7505058179089. 8. The 5th applicant is CECILIA CHAKA, an adult female ANC member of the Ndabeni Qithi (Ward 1) branch, Xhariep region, residing at 2402 Phomolong Location, Zastron, and who is a citizen of South Africa with ID No 8106220863085. 9. The 6th applicant is NTSHIWA MOROLLOANE, an adult female ANC member of the Ndabeni Qithi (Ward 1) branch, Xhariep region, residing at 1018 Dinotsning Location, Zastron, and who is a citizen of South Africa with ID No 8101250252085. 10. The applicants bring this application in terms of subsections (a), (c) and (d) of section 38 of the Constitution of the Republic, in that, in addition to acting in their own individual interests, the applicants: 10.1. are members of the Class A group of persons, who are all signatories to the forms marked annexures “FA1-1” to “FA1-260”, which are contained in a 5 separate bundle marked “Bundle A”, totaling approximately 2250. All these signatories are bona fide members of the ANC who belong to ANC branches falling into one of the 5 regions of the ANC which make up the Free State province. There are more members of the ANC who have expressed an interest in participating herein in this manner. With the leave of the above Honourable Court, the list of signatories will be augmented in the replying affidavit; 10.2. are also members of the Class B group of persons, who are all signatories to the forms marked annexures “FA2-1” to “FA2-287”, which are contained in a separate bundle marked “Bundle B”, totaling approximately 2520. All these signatories are voting citizens of South Africa and are resident in the Free State province living under ANC governments in all spheres of government; and 10.3. are also acting in the public interest, as more fully set out later in this affidavit. 11. The fundamental rights which have been directly and indirectly infringed and/or threatened primarily derive from section 19 of the Constitution of the Republic, namely the right to make political choices, the right to participate in the activities of a chosen political party, the right to fair elections for any legislative body and the right to vote. Other fundamental rights which are also violated or threatened are spelt out hereunder in the body of this affidavit. 6 The respondents 12. The 1st respondent is ELIAS (also known as ACE) MAGASHULE, who has since 1994 to date held the position of Provincial Chairperson and Deputy Chairperson of the ANC in the Free State province respectfully, c/o ANC Free State provincial office, Kaiser Sebothelo Building, Charles Fitchard Street, Bloemfontein (“the provincial office”). 13. The 2nd respondent is THABO MANYONI, who currently assumes the position of deputy chairperson of the ANC in the Free State province and is a member of the Provincial Executive Committee (“PEC”). 14. The 3rd respondent is WILLIAM BULWANA, who currently assumes the position of provincial secretary. 15. The 4th respondent is MAMIKI QABATHE, who currently assumes the position of deputy provincial secretary. 16. The 5th respondent is MSEBENZI ZWANE, who currently assumes the position of treasurer. 17. The 6th respondent is TATE MAKGOE. 18. The 7th respondent is BUTANA KHOMPELA. 19. The 8th respondent is OLLY MLAMLELI. 20. The 9th respondent is SISI MABE. 7 21. The 10th respondent is SAM MASHINENE. 22. The 11th respondent is FEZI NGUMBENTOMBI. 23. The 12th respondent is MALEWATLE NTHEDI. 24. The 13th respondent is SEBENZILE NGANGELIZWE. 25. The 14th respondent is MANANA TLAKE. 26. The 15th respondent is SISI NTOMBELA. 27. The 16th respondent is MANANA SECHOARO. 28. The 17th respondent is SARAH MOLELEKI. 29. The 18th respondent is MADALA NTOMBELA. 30. The 19th respondent is JACK MATUTLE. 31. The 20th respondent is MEGGIE SOTYU. 32. The 21st respondent is MATHABO LEETO. 33. The 22nd respondent is JONAS RAMOGOASE. 34. The 23rd respondent is GERMAN RAMATHEBANE. 35. The 24th respondent is MAX MOSHODI. 36. The 25th respondent is MADIRO MOGOPODI. 8 37. The 6th to 25th respondents are the 20 additional members of the PEC. For the purposes of this application, their physical address of service is c/o ANC Free State at the provincial office. 38. The 26th respondent is AFRICAN NATIONAL CONGRESS (also referred to herein as “the ANC”), a voluntary association which is a political party duly registered in accordance with the electoral laws of South Africa, with its headquarters situate at Chief Albert Luthuli House, Cr Sauer & President Streets, Johannesburg. 39. The 26th respondent is cited herein in both its national and provincial incarnations. In its national capacity, its address of service is c/o The Secretary-General, Chief Albert Luthuli House, Cr Sauer & President Streets, Johannesburg. In its provincial manifestation, its address for service is the provincial office. Service will be effected at both addresses. 40. The cost orders will only be sought against those respondents who may file notice to oppose the application. Other Interested Parties: 41. The applicants will further move for an order authorising and directing them to publish a notice accordance with the notice of motion hereto informing all interested parties of this application and of the relief moved for and inviting them to join should they prefer to do so. 42. Relief will also be asked for against the decisions of the Annual General Meetings and Bi-annual General Meetings of the branches. The branches number 316 in 9 total and service on each of these branches or their BEC’s will be impossible in the light of the urgency of the matter as well as the logistical implications. I know that the interested parties do have access to Daily Sun, Volksblad and The Star newspapers circulated all over the Free State Province. A notice by way of advertisement should thus come to the attention of all interested parties. Jurisdiction 43. The cause of action arose in Parys, within the jurisdiction of the above Honourable Court. Nature of the application 44. The main application is essentially a constitutional matter for the assertion and vindication of the applicants’ rights to participate in the activities of the political party of their choice as enshrined in section 19(1)(b) of the Constitution of the Republic and consequently for the granting of the following orders: 44.1.