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South Africa decisions
Decisions matching the current search
African National Congress v Moqolo and Others - Leave to Appeal (1852/2023) [2023] ZAFSHC 255 (28 June 2023)
The High Court granted the respondents leave to appeal after finding that another court could reach a different conclusion on the effect of their expulsion.
Maxwele v University of Cape Town (18555/2019) [2020] ZAWCHC 188 (8 December 2020)
The disciplinary tribunal was not properly constituted after the student assessor withdrew at the outset of the hearing. The university's rules required the tribunal to consist of a Proctor and two assessors for serious breaches, and proceedings must start afresh if both assessors are unavailable. The Proctor misapplied Rule DJP 5.6 by continuing with only one assessor, rendering the proceedings invalid. While the applicant did not expressly request legal representation, the seriousness of the charges and his evident lack of understanding should have prompted the Proctor to advise him to seek…
Source excerpt
Federal Congress (Fedcon) and Others v Ngwenya and Others (2283/09) [2009] ZAKZPHC 46 (21 September 2009)
The court set aside purported expulsions from a political party and invalid councillor replacements, holding that the disciplinary process was not properly authorized or fair.
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