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South Africa decisions
Decisions matching the current search
Wilge Hervormde Gemeente and Others v Nederduitsch Hervormde Kerk Van Afrika and Another (5167/2016) [2021] ZAGPPHC 329 (13 May 2021)
The High Court held that the NHKA Litigation Committee was authorised to instruct attorneys and the late rule 7 challenge to authority was dismissed.
Shembe v Shembe NO (957/2018) [2019] ZASCA 172 (2 December 2019)
Appeal over church leadership succession dismissed. The Supreme Court of Appeal upheld findings that the constitution governed succession and that Vela Shembe alone was chosen.
Moloi and Others v Maduna and Others (2140/2018) [2019] ZAFSHC 226 (28 November 2019)
The court set aside a church member’s termination and the suspension and expulsion of four applicants, finding the disciplinary process unlawful under the church constitution.
Ncapayi v Holy United Church of Christ and Another (193/2018) [2019] ZAECGHC 98 (15 October 2019)
The court found that there were genuine and irresoluble disputes of fact regarding the applicable Church Constitution and whether the applicant was afforded a fair hearing prior to his suspension and expulsion from the NEC. The affidavits and annexed documents did not resolve these disputes, and crucial evidence was unavailable due to untranslated minutes. The court exercised its discretion not to dismiss the application, as the foreseeability of the disputes at the time of launching the application was not established. Given the scope and depth of the disputes, the matter was referred to tri…
Source excerpt
Mazwi and Others v Fort Beaufort United Congregational Church of Southern Africa and Another (3865/2009) [2010] ZAECGHC 123 (10 December 2010)
The High Court dismissed an application to overturn church membership suspensions, finding the church followed its constitution and internal remedies remained available.
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