Fransman suffers another blow in the high court

Western Cape High Court Judge Andre le Grange on Friday dismissed his application with costs.

He felt the relief Fransman sought was “premature and ill-conceived”.

Where ANC members were unhappy with the decisions of the national disciplinary committee, they had recourse with the national disciplinary committee of appeal (NDCA).

“In my view, to not allow the NDCA the opportunity to exhaust its own existing mechanisms would be to undermine the very essence of the ANC’s constitution and the autonomy of its internal processes.”

Suspension

Fransman was suspended following internal disciplinary processes within the party after he was accused of sexually harassing 21-year-old Louisa Wynand during a trip to the party's January 8 celebrations.

In November the ANC's National Disciplinary Committee has found Fransman guilty on two counts of misconduct and suspended his ANC membership for five years.

The documents he had wanted included: transcripts of Wynand’s interview with the commission, copies of her statements, and copies of any other statements the commission considered.

He also wanted the transcripts and records of interviews with Angie Motshekga and Derek Hanekom, the copy of a report filed by NEC deployees of the Western Cape and a transcript of his interview with the commission.

The respondents in the matter are ANC national disciplinary committee chairperson Susan Shabangu, ANC secretary general Gwede Mantashe and commission deputy chairperson Frene Ginwala.

Part B of his application is to review and set aside the findings and recommendations of the commission.

These include the findings and sanctions imposed by Shabangu.

The relief in this part has stood over for later determination.

Appeal

Fransman had urgently wanted the documents by December 2 to lodge an appeal.

But Le Grange said: “The applicant’s contention that he could not exhaust his internal remedies as long as the documents are not provided to him is contrived.”

He said Fransman instituted internal review proceedings last Thursday.

Decisions of the NDCA are final.

“There is nothing before me to suggest that the NDCA will not give the applicant a fair hearing whether on review or appeal as provided for in its constitution.”

Le Grange added that Fransman had failed to provide evidence that these internal remedies would be “ineffective, futile or stifled”.

The court felt this was not a matter where judicial interference in the domestic affairs of a voluntary association was warranted.

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