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…

Source excerpt

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

Mpemba and Another v Lukhanji Municipality and Others (902/2009)

Mpemba and Another v Lukhanji Municipality and Others (902/2009) [2009] ZAECGHC 25 (6 May 2009)

Court

Eastern Cape High Court, Grahamstown

Case number

902/2009

Judge

Jones

Urgent application over ANC expulsions and councillor seats became moot when the expulsions were withdrawn; costs were ordered against the applicants.

• Interim Interdict
• Expulsion From Political Party
• Municipal Structures Act
• Procedural Fairness
• Costs Award
• Interim-interdict

Fani and Others v Buffalo City Municipality and Others (860/2009)

Fani and Others v Buffalo City Municipality and Others (860/2009) [2009] ZAECGHC 26 (6 May 2009)

Court

Eastern Cape High Court, Grahamstown

Case number

860/2009

Judge

Jones

Urgent interim interdict case over ANC councillors expelled without a hearing, pending review. Relief succeeded against the ANC but failed against the municipality.

• Interim Interdict
• Municipal Structures Act
• Expulsion From Political Party
• Right To Fair Administrative Action
• Councillor Removal
• Natural Justice