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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.
Shunmugan and Others v Newscastle Local Municipality and Others, Nation Democration Convention and Shunmugan and Others (6883/07, 7680/07) [2007] ZAKZHC 16; [2008] 2 All SA 106 (N); 2008 (5) BCLR 532 (N) (4 December 2007)
The court held that the councillors who had been expelled from NADECO prior to midnight on 31 August 2007 were no longer members of the party at the commencement of the floor crossing period and thus lost their seats. By joining other parties, these councillors abandoned any right to challenge their expulsions or seek reinstatement. The court found that a declaratory order regarding the lawfulness of the expulsions would be academic and have no practical effect. The order of 31 August 2007 did not reinstate the councillors as members but maintained the status quo pending final determination.…
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