South Africa Case Law

Mphahlele and Others v Pan Africanist Congress of Azania of Another (8340/2016)

Mphahlele and Others v Pan Africanist Congress of Azania of Another (8340/2016) [2016] ZAGPPHC 485 (21 June 2016)

Court

North Gauteng High Court, Pretoria

Case number

8340/2016

Judge

T M Makgoka

The court found that the order made on 20 April 2016 was final in respect of the participation of the parties in the upcoming local government elections and thus appealable. However, the grounds for leave to appeal were unmeritorious. Mr Mphahlele's expulsion from the PAC was upheld by the Full Court, and he had not taken steps to challenge that decision. The principle that invalid administrative action cannot simply be ignored was applied by analogy, confirming the finality of the expulsion. The Electoral Commission's decision to suspend funding was provisional and did not require a court or…

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• Leave To Appeal
• Appealability Of Interim Orders
• Judicial Precedent
• Expulsion From Political Party
• Electoral Commission Decisions

Pan Africanist Congress of Azania v Independent Electoral Commission of South Africa and Another (Pan Africanist Congress of Azania and Another Intervening) (8340/2016)

Pan Africanist Congress of Azania v Independent Electoral Commission of South Africa and Another (Pan Africanist Congress of Azania and Another Intervening) (8340/2016) [2016] ZAGPPHC 250 (20 April 2016)

Court

North Gauteng High Court, Pretoria

Case number

8340/2016

Judge

T.M. Makgoka

The court found that the only binding legal determination regarding the leadership of the PAC was the Full Court judgment upholding the expulsion of Mr Mphahlele. No appeal was pending against that judgment, and all subsequent actions by Mr Mphahlele and the intervening parties were without legal force. The Electoral Commission was correct to await judicial clarification and should now communicate with the Mbinda faction for the purposes of the 2016 local government elections. The court declined to impose a complicated order requiring cooperation between factions, as this would be impractical…

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• Electoral Commission Decisions
• Political Party Leadership Dispute
• Judicial Review
• Costs Order

Cape Party v Electoral Commission and Another (1/09)

Cape Party v Electoral Commission and Another (1/09) [2009] ZAEC 1 (1 January 2009)

Court

Electoral Court

Case number

1/09

Judge

R Pillay

The Electoral Court dismissed Cape Party’s appeal against COPE’s registration, holding that the names CAPE and COPE would not confuse a reasonable informed voter.

• Registration Of Political Parties
• Party Abbreviation Confusion
• Electoral Commission Decisions
• Political-party-registration
• Electoral-law
• Party-name-confusion