South Africa Case Law

Melaletsa v Regional Synod Free State and Lesotho of "Die Nederduitse Gereformeerde Kerk in Afrika - Oranje Vrystaat" and Others (6722/2023)

Melaletsa v Regional Synod Free State and Lesotho of "Die Nederduitse Gereformeerde Kerk in Afrika - Oranje Vrystaat" and Others (6722/2023) [2025] ZAFSHC 32 (7 February 2025)

Court

Free State High Court, Bloemfontein

Case number

6722/2023

Judges

Van Rhyn, Greyling-Coetzer

High Court review of a church disciplinary process succeeded: the Commission of Inquiry and the applicant’s release from service were set aside for procedural unfairness.

• Procedural Fairness
• Judicial Review
• Natural Justice
• Internal Remedies
• Church Governance
• Judicial-review

Die Nederduitsch Hervormde Kerk van Afrika and Others v Die Wilge Hervormde Gemeente and Others (1089/2022)

Die Nederduitsch Hervormde Kerk van Afrika and Others v Die Wilge Hervormde Gemeente and Others (1089/2022) [2024] ZASCA 128 (30 September 2024)

Court

Supreme Court of Appeal

Case number

1089/2022

Judges

Schippers, Mabindla-Boqwana, Smith, Keightley, Hendricks

The Supreme Court of Appeal upheld an appeal, joined four intervening congregations, and remitted a church-property dispute after the high court raised privity of contract mero motu.

• Joinder Of Parties
• Privity Of Contract
• Authority To Alienate Property
• Church Governance
• Mootness
• Intervention Applications

Mureri and Others v (UAAC) United African Apostolic Church and Others - Appeal (HCAA06/2023)

Mureri and Others v (UAAC) United African Apostolic Church and Others - Appeal (HCAA06/2023) [2023] ZALMPPHC 114 (29 November 2023)

Court

Limpopo High Court, Polokwane

Case number

HCAA06/2023

Judges

J.T. Ngobeni, G. Muller, M.G. Phatudi

High Court appeal over church leadership and headquarters disputes was upheld, with the matter and counter-application referred to trial because of unresolved factual disputes.

• Interdict Proceedings
• Locus Standi
• Joinder And Authorisation
• Dispute Of Fact
• Church Governance
• Referral To Trial

Bethesda Christian Center NPC v Department of Social Development and Others (009335/2022)

Bethesda Christian Center NPC v Department of Social Development and Others (009335/2022) [2022] ZAGPPHC 767 (6 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

009335/2022

Judge

N Davis

The court found that the Director of Nonprofit Organisations was entitled to issue a compliance notice but acted beyond his powers in purporting to annul the Church's board and direct the appointment of an administrator. The main application failed because the applicant did not establish a clear right to restrain the newly elected board, nor did it demonstrate irreparable harm or that the balance of convenience favoured interim relief. The annual general meeting was widely advertised and properly conducted, and the objections raised by the old leadership were not substantiated. The counter-ap…

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• Nonprofit Organisation Act
• Declaratory Relief
• Board Election
• Interim Interdict
• Ultra Vires
• Church Governance

Booysen and Others v Followers of Christ Church and Others (6195/2019, 22079/2016)

Booysen and Others v Followers of Christ Church and Others (6195/2019, 22079/2016) [2021] ZAWCHC 161 (19 August 2021)

Court

Western Cape High Court, Cape Town

Case number

6195/2019, 22079/2016

Judge

Nziweni

The court found that the applicants' proposed amendments to the notice of motion were procedural clarifications and did not introduce new issues or require new evidence. The applicants' approach to amending was permissible under Rule 28(4), and the delay in bringing the amendment was not prejudicial. The applicants had locus standi as suspended members challenging the legitimacy of their suspension and the authority of the committee. The court determined that the only valid and enforceable constitution governing the affairs of the first respondent is the February 2000 constitution, as no subs…

Source excerpt

• Amendment Of Pleadings
• Locus Standi
• Church Governance
• Joinder
• Estoppel
• Motion Proceedings Dispute Of Fact

Maduna and Another v Moloi and Another (2199/2020)

Maduna and Another v Moloi and Another (2199/2020) [2020] ZAFSHC 198 (16 October 2020)

Court

Free State High Court, Bloemfontein

Case number

2199/2020

Judge

Opperman

The court dismissed an opposed motion after finding the applicants lacked locus standi to litigate on behalf of the church and had no proper authority.

• Locus Standi
• Non Profit Organisations Act
• Church Governance
• Mismanagement Of Npo
• Internal Remedies
• Fiduciary Duty

Hendricks v Church of the Province of Southern Africa, Diocese of Free State (2886/2019)

Hendricks v Church of the Province of Southern Africa, Diocese of Free State (2886/2019) [2020] ZAFSHC 108 (17 June 2020)

Court

Free State High Court, Bloemfontein

Case number

2886/2019

Judges

Naidoo, Chesiwe

The High Court held that the church’s licence revocation was not PAJA administrative action and dismissed the review because the Archbishop’s appeal decision was not challenged.

• Promotion Of Administrative Justice Act
• Internal Appeal Procedure
• Procedural Fairness
• Church Governance
• Judicial Review
• Judicial-review

(UAAC) United African Apostolic Church and Others v David and Others (750/2019)

(UAAC) United African Apostolic Church and Others v David and Others (750/2019) [2020] ZALMPTHC 5 (11 June 2020)

Court

Limpopo High Court, Thohoyandou

Case number

750/2019

Judge

AML Phatudi

The court found that the applicants, particularly the second applicant, had locus standi and a clear right to seek relief, as they were members and managers of the UAAC and had resided at the headquarters since 1966. The formation of new church structures by the respondents was not provided for in the UAAC constitution and was declared invalid. The respondents' affidavits and confirmatory affidavits were struck out due to procedural defects, lack of authority, and non-compliance with regulations. The threats and interference by David Ailwei Mureri constituted an injury actually committed or r…

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• Interdict
• Church Governance
• Locus Standi
• Constitutional Rights
• Motion Proceedings
• Authority Of Deponent

Diocesan Council of the Evangelical Lutheran Church in SA, Cape Orange Diocese and Another v Khumalo and Others (1022/2019)

Diocesan Council of the Evangelical Lutheran Church in SA, Cape Orange Diocese and Another v Khumalo and Others (1022/2019) [2020] ZANCHC 46 (2 April 2020)

Court

Northern Cape High Court, Kimberley

Case number

1022/2019

Judge

Mamosebo

The High Court granted a final interdict protecting ELCSA Cape Orange Diocese governance, stopping an ex-pastor and council members from acting without authority.

• Final Interdict
• Locus Standi
• Church Governance
• Authority Of Signatories
• Bank Account Control
• Final-interdict

Botshabelo Church Council Executive Committee of The Uniting Reformed Church in Southern Africa (URCSA-Botshabelo Congregation) v Mokgoebo (84959/2018)

Botshabelo Church Council Executive Committee of The Uniting Reformed Church in Southern Africa (URCSA-Botshabelo Congregation) v Mokgoebo (84959/2018) [2019] ZAGPPHC 994 (12 December 2019)

Court

North Gauteng High Court, Pretoria

Case number

84959/2018

Judge

SP Mothle

The court found that the applicant, being the Church Council Executive Committee, had the necessary locus standi to bring the application in terms of the Church Order. The respondent was properly cited in his capacity as minister, and there was no requirement to cite additional church structures. The relief sought was interim in nature, pending the outcome of the internal church enquiry, and the applicant had established a prima facie right to such relief. The respondent's points in limine were dismissed as lacking merit. The rule nisi was confirmed, and the respondent was interdicted from pr…

Source excerpt

• Interim Interdict
• Locus Standi
• Internal Remedies
• Church Governance