South Africa Case Law

Sibanda and Others Sterkspruit Civic Association (2522/2017)

Sibanda and Others Sterkspruit Civic Association (2522/2017) [2017] ZAECMHC 26 (25 July 2017)

Court

Eastern Cape High Court, Mthatha

Case number

2522/2017

Judge

Majiki

The court found that the Sterkspruit Civic Association's constitution did not confer any power to expel members, either expressly or by necessary implication. The disciplinary committee and executive committee acted ultra vires in expelling the applicants and removing them from the party list and council positions. The applicants were denied a fair hearing and the opportunity to appeal to a valid constitutional body. The urgency of the application was justified by the timing of the actionable decision on 24 May 2017. The court held that the applicants were entitled to reinstatement of their m…

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• Voluntary Association Membership
• Expulsion Of Members
• Interdict
• Internal Remedies
• Municipal Councillor Removal

Wellem v Cathcart Residents Association and Another (2665/2014)

Wellem v Cathcart Residents Association and Another (2665/2014) [2016] ZAECGHC 13 (1 March 2016)

Court

Eastern Cape High Court, Grahamstown

Case number

2665/2014

Judge

M Makaula

The court dismissed a review of an expulsion from a voluntary association, holding that the applicant waived his challenge by waiting nearly three years to act.

• Voluntary Association Membership
• Expulsion Of Members
• Waiver Of Rights
• Delay In Review Applications
• Voluntary-association-membership
• Expulsion-of-members

Mcoyi and Others v Inkatha Freedom Party, Mgwaza-Msibi v Inkatha Freedom Party (5449/2010, 8622/2010)

Mcoyi and Others v Inkatha Freedom Party, Mgwaza-Msibi v Inkatha Freedom Party (5449/2010, 8622/2010) [2011] ZAKZPHC 1; 2011 (4) SA 298 (KZP) (17 January 2011)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5449/2010, 8622/2010

Judge

Patel

The High Court dismissed two applications challenging IFP expulsions and party disciplinary steps, holding the National Council remained effective and no conferencedemand right was shown.

• Voluntary Association
• Expulsion Of Members
• Interpretation Of Constitution
• Disciplinary Proceedings
• Implied Terms
• Elective Conference

United Christian Democratic Party and Others v Mangope and Others (2596/10)

United Christian Democratic Party and Others v Mangope and Others (2596/10) [2010] ZANWHC 31 (24 November 2010)

Court

North West High Court, Mafikeng

Case number

2596/10

Judge

T C Gumbo

The court found the matter urgent due to the imminent risk of unlawful displacement of parliamentary representatives and disruption of legislative business. The applicants established locus standi through a valid resolution. The Federal Council meetings of 2 and 23 October 2010 were properly constituted and empowered to take binding decisions. The expulsions of the second, third, and fourth applicants were unlawful, as the 'Ten Year Rule' and 'Nepotism Rule' were never validly adopted as party policy. The suspensions of the first to fourth respondents were procedurally and substantively fair,…

Source excerpt

• Interdict
• Locus Standi
• Internal Party Governance
• Expulsion Of Members
• Procedural Fairness
• Urgent Relief