South Africa Case Law

Merafong Community and Others v Chairperson of the Independent Electoral Commission and Others (5673/06)

Merafong Community and Others v Chairperson of the Independent Electoral Commission and Others (5673/06) [2006] ZAGPHC 23 (16 March 2006)

Court

High Courts - Gauteng

Case number

5673/06

Judges

B M Ngoepe, W J Hartzenberg, W.L. Seriti

The court found that the applicants failed to establish a nexus between the Twelfth Constitutional Amendment and the ability to conduct free and fair elections. The unrest cited by the applicants was caused by their own actions, and they did not demonstrate that the security forces would be unable to maintain law and order or protect individuals from intimidation. The applicants had not properly raised their concerns with the Independent Electoral Commission, nor had they shown that the statutory requirements for postponement under the Municipal Electoral Act were met. The applicants had reme…

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• Municipal Elections
• Constitutional Amendment
• Right To Vote
• Local Government Demarcation

President of the Republic of South Africa and Others v United Democratic Movement (African Christian Democratic Party and Others Intervening; Institute for Democracy in South Africa and Another as Amici Curiae) (CCT23/02)

President of the Republic of South Africa and Others v United Democratic Movement (African Christian Democratic Party and Others Intervening; Institute for Democracy in South Africa and Another as Amici Curiae) (CCT23/02) [2002] ZACC 34; 2003 (1) SA 472 (CC); 2002 (11) BCLR 1164 (CC) (4 October 2002)

Court

Constitutional Court

Case number

CCT23/02

Judges

Chaskalson, Langa, Ackermann, Goldstone, Kriegler, Madala, Mokgoro, Ngcobo, O'Regan, Sachs, Yacoob

The Constitutional Court held that it was not necessary to decide whether a High Court has jurisdiction to grant interim relief suspending the operation of national or provincial legislation. However, it affirmed that a High Court does have jurisdiction to grant interim relief designed to maintain the status quo or prevent violation of a constitutional right where legislation is alleged to be unconstitutional, provided such relief is strictly necessary in the interests of justice. The Court emphasized that the constitutional standard for interim relief is strict necessity and that any such re…

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• Exclusive Jurisdiction
• Interim Relief
• Constitutional Amendment
• Separation Of Powers
• Anti Defection
• Abstract Review

Nederduitse Gereformeerde Kerk in Afrika (OVS) en 'n Ander v Verenigende Gereformeerde Kerk in SuiderAfrika (536/96)

Nederduitse Gereformeerde Kerk in Afrika (OVS) en 'n Ander v Verenigende Gereformeerde Kerk in SuiderAfrika (536/96) [1998] ZASCA 111; 1999 (2) SA 156 (SCA); [1999] 1 All SA 480 (A) (27 November 1998)

Court

Supreme Court of Appeal

Case number

536/96

Judges

Vivier, Hefer, Harms, Zulman, Streicher

The Supreme Court of Appeal held that the NGKA synod lacked power to insert an article enabling union and dissolution, so the amendment and resulting union were ultra vires.

• Ultra Vires
• Corporate Governance
• Constitutional Amendment
• Church Association Law
• Majority Vs Minority Rights
• Ultra-vires