Gauteng High Court rules National Dialogue should continue

The Gauteng High Court sitting in Pretoria has dismissed the Labour Party’s application to halt President Cyril Ramaphosa’s decision to convene a National Dialogue and two related conventions.

Judge AJ de Vos handed down judgment in the application on Friday.

‘Urgent interdict’

The Labour Party sought an urgent interim interdict to halt the National Dialogue, which is set to commence on 15 August 2025.

The party argued that the initiative is unlawful and unconstitutional.

At the heart of its objections were the costs associated with the dialogue, arguing that it is not a genuine democratic exercise, but a costly and dangerous duplication of the national legislature.

‘Lacking merit’

Judge de Vos ruled the Labour Party’s urgent application lacked merit, with no proof of unauthorised expenditure or irreparable harm.

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Application dismissed

He said the Labour Party had not proven that the balance of convenience favours the granting of an interim interdict.

“In addition, it is not clear what relief the Labour Party would be able to obtain in due course. If it was so that the president was exercising powers he did not have, duplicating the work of Parliament and excluding sectors of society and spending more than R 700 million on such an unlawful endeavour, there would be no recourse that would undo that harm.

“Whilst the court ultimately rejected these findings – they were sufficient to show the Labour Party would not be able to obtain redress in due course. In these circumstances, the matter is urgent,” the court ruled.

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Constitutional rights

De Vos said the Labour Party asserted its constitutional rights.

“They litigated in the public interest. The litigation was not vexatious or frivolous, it was motivated by a concern of constitutional compliance. The state respondents accept that the application ‘concerns a matter of significant public importance’.

“It affects a wide range of stakeholders and raises issues of national interest. In such circumstances, premised on the Biowatch principle, there should be no order as to costs,” De Vos ruled.

De Vos said there was some dispute in the papers as to whether the Labour Party had relied on Section 172 in its papers.

“Assuming such a case has been made, the court declines to exercise its Section 172 jurisdiction for the reasons the court held that the Labour Party’s prima facie rights are weak.”

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Section 172

Section 172 of the South African constitution outlines the powers of courts when deciding constitutional matters. Specifically, it mandates that courts must declare laws or conduct inconsistent with the constitution invalid to the extent of the inconsistency and it allows courts to make any just and equitable order.

Reaction

In a statement, the National Dialogue communications subcommittee said the judgment reaffirms that the National Dialogue is a long-term, participatory process.

“It seeks to impact on and involve every part of our country, unleashing the energies and buy-in of every citizen and every sector – an assertion we have made since its inception. It is not a ‘talk shop’, as it aims to produce outcomes that are respected and adhered to by all sectors of society,” it said.

“The judgment further affirms the PTT’s observation about the deliberate misinformation and disinformation about the Eminent Persons Group, the first national convention, scheduled for 15-17 August 2025 at Unisa and the National Dialogue.

“We would like to emphasise that the narrative surrounding the R700m budget for the National Dialogue is both misleading and unfortunate. As the Finance Minister advised the nation during his annual budget speech, the budgeting process for the National Dialogue is one of several items whose budgeting is still underway and shall be announced by him at the end of that process, the committee said.

National Dialogue

On 10 June 2025, Ramaphosa announced a National Dialogue – is a citizen-led, nationwide initiative to respond to South Africa’s democratic challenges – supported by the government, national foundations and civil society.

The dialogue aims to produce a shared national vision, accompanied by clear principles and develop a national compact and 30-year plan of action.

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