Richards and Another v Rabie and Others (9530/2021) [2021] ZAWCHC 214 (27 October 2021)

Richards and Another v Rabie and Others (9530/2021) [2021] ZAWCHC 214 (27 October 2021)

The court found that the respondents' membership on the board did not lapse automatically after two years, as the practice within the church was to continue board membership by consensus and without formal re-election. The evidence showed that the respondents continued to act as board members with the knowledge and acquiescence of the first applicant, and no proper notice or process was followed to terminate their membership. The meeting at which the first applicant appointed his wife and son was procedurally defective, lacking the required quorum and violating the constitution's connected persons clauses. The doctrine of unanimous assent applied, and the respondents remained valid board...

Citation
[2021] ZAWCHC 214
Parties
Applicant: Andrew Wesley Richards; Applicant: Kings Church International; Respondent: Gher Rabie; Respondent: Philippus Jakubus Lodewikus Swart; Respondent: Elaine Paulsen
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
27 October 2021
Case Number
9530/2021
Procedural Posture
Urgent Application / Opposed Application for Interdictory and Declaratory Relief, With Referral to Oral Evidence
Outcome
Application for interdictory relief dismissed. Declarator granted confirming board membership of respondents. Costs awarded against first applicant.
Judges
E D Wille
Legal Topics
Voluntary Association Governance, Board Membership Dispute, Doctrine of Unanimous Assent, Interdictory Relief, Declaratory Order
Civil Procedure Commercial and Corporate Voluntary Association Governance Board Membership Dispute Doctrine of Unanimous Assent Interdictory Relief Declaratory Order

Case Brief

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Parties

Andrew Wesley Richards

Applicant

Kings Church International

Applicant

Gher Rabie

Respondent

Philippus Jakubus Lodewikus Swart

Respondent

Elaine Paulsen

Respondent

Procedural Posture

Urgent Application / Opposed Application for Interdictory and Declaratory Relief, With Referral to Oral Evidence

Legal Issues

  1. 1 Whether the respondents' membership on the board of the second applicant lapsed automatically after two years under the constitution.
  2. 2 Whether the respondents were validly removed from the board of the second applicant.
  3. 3 Whether the first applicant was authorized to appoint new board members without proper notice or quorum.

Ratio Decidendi

The court found that the respondents' membership on the board did not lapse automatically after two years, as the practice within the church was to continue board membership by consensus and without formal re-election. The evidence showed that the respondents continued to act as board members with the knowledge and acquiescence of the first applicant, and no proper notice or process was followed to terminate their membership. The meeting at which the first applicant appointed his wife and son was procedurally defective, lacking the required quorum and violating the constitution's connected persons clauses. The doctrine of unanimous assent applied, and the respondents remained valid board...

Court Disposition

Application for interdictory relief dismissed. Declarator granted confirming board membership of respondents. Costs awarded against first applicant.

Orders

  • The application for interdictory relief is dismissed.
  • As at 23 February 2021, the members of the board of the second applicant were the first applicant and the respondents.