South Africa Case Law

Shunmugam and Others v National Democratic Convention (073/08)

Shunmugam and Others v National Democratic Convention (073/08) [2008] ZASCA 165; [2009] 2 All SA 285 (SCA) (1 December 2008)

Court

Supreme Court of Appeal

Case number

073/08

Judges

Harms, Streicher, Combrinck, Leach, Mhlantla

The Supreme Court of Appeal held that the appellants had not been lawfully expelled from NADECO and thus remained members of the party and municipal councillors during the floor crossing window. The interim order of 31 August 2007 did not deprive them of their party membership or prohibit them from crossing the floor. NADECO's reliance on the Oudekraal principle was misplaced, as the present case involved a direct attack on the legality of the expulsions, not the validity of a subsequent administrative act. The court found that the appellants were entitled to exercise their constitutional rig…

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• Floor Crossing
• Party Membership Expulsion
• Municipal Councillor Rights
• Schedule 6b Interpretation

Baartman and Others v Roodtman and Others (12226/07)

Baartman and Others v Roodtman and Others (12226/07) [2008] ZAWCHC 220 (2 July 2008)

Court

Western Cape High Court, Cape Town

Case number

12226/07

Judges

Desai, Le Grange

Leave to appeal was refused after the court held the applicants could not be reinstated as councillors or retroactively reopen the floor-crossing period.

• Floor Crossing
• Municipal Councillors
• Iec Decisions
• Functus Officio
• Mootness
• Floor-crossing

Mthethwa v Municipal Manager Uthungulu and Others (8932/2007)

Mthethwa v Municipal Manager Uthungulu and Others (8932/2007) [2007] ZAKZHC 19 (14 September 2007)

Court

High Courts - Kwazulu Natal

Case number

8932/2007

Judge

Gorven AJ

The court found that the applicant's expulsion from the Inkatha Freedom Party was unlawful and invalid, a fact conceded by the party. All subsequent administrative actions predicated on this expulsion, including the declaration of a council vacancy and the election of replacement councillors, were reviewed and set aside. The court held that unlawful administrative acts produce legal consequences only until set aside by a competent court, and that the fate of consequent acts follows that of the initial unlawful act. The court exercised its discretion to grant substantive and declaratory relief…

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• Municipal Councillor Expulsion
• Floor Crossing
• Judicial Review Of Administrative Action
• Principle Of Legality
• Joinder Of Parties
• Declaratory Relief

Dorfling v Independent Democrats and Others (14963/2007)

Dorfling v Independent Democrats and Others (14963/2007) [2007] ZAWCHC 87 (11 June 2007)

Court

Western Cape High Court, Cape Town

Case number

14963/2007

Judge

Steyn

The court found that the applicant's resignation letter, addressed to the party leader, did not constitute a formal resignation under the party constitution, which required such communication to be directed to a recognised party structure. The applicant validly submitted his floor-crossing notification to the IEC during the window period and met the statutory 10% threshold. The decisions of the Municipal Manager and IEC to declare the seat vacant and fill it were based on erroneous assumptions of law and fact and were therefore unlawful and reviewable under PAJA. The court held that jurisdict…

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• Floor Crossing
• Municipal Councillor Removal
• Review Of Administrative Action
• Jurisdiction Of High Court
• Party Membership Resignation

Julies and Others v Speaker of the National Assembly and Others (9452/05)

Julies and Others v Speaker of the National Assembly and Others (9452/05) [2005] ZAWCHC 72; 2006 (4) SA 13 (C); [2006] 4 All SA 457 (C) (3 October 2005)

Court

Western Cape High Court, Cape Town

Case number

9452/05

Judge

P B Fourie

The court held that the Schedule 6A floor-crossing threshold is measured immediately before the window period begins, and dismissed the review.

• Floor Crossing
• Interpretation Of Constitution
• Threshold Requirement
• Party Membership
• Review Of Parliamentary Decisions
• Floor-crossing

African National Congress v United Democratic Movement and Others (Krog and Others Intervening) (CCT43/02)

African National Congress v United Democratic Movement and Others (Krog and Others Intervening) (CCT43/02) [2002] ZACC 24; 2003 (1) SA 533; 2003 (1) BCLR 1 (19 November 2002)

Court

Constitutional Court

Case number

CCT43/02

Judges

Chaskalson CJ, Langa DCJ, Goldstone J, Kriegler J, Mokgoro J, Ngcobo J, O'Regan J, Sachs J, Yacoob J

The Constitutional Court held that neither the ANC nor the Minister established grounds for varying or clarifying the previous order regarding the invalidity of the Membership Act. The introduction of a constitutional amendment Bill does not constitute a legal basis for reinstating members who lost their seats, nor does it justify extending the interim protection previously afforded. The principle of finality in litigation precludes variation of the Court's order except in narrowly defined circumstances, none of which are present. Any consequences arising from a future constitutional amendmen…

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• Variation Of Court Orders
• Floor Crossing
• Retrospective Legislation
• Direct Access
• Costs Orders

United Democratic Movement v President of the Republic of South Africa and Others (African Christian Democratic Party and Others Intervening; Institute for Democracy in South Africa and Another as Amici Curiae) (No 1) (CCT23/02)

United Democratic Movement v President of the Republic of South Africa and Others (African Christian Democratic Party and Others Intervening; Institute for Democracy in South Africa and Another as Amici Curiae) (No 1) (CCT23/02) [2002] ZACC 33; 2003 (1) SA 488 (CC); 2002 (11) BCLR 1213 (CC) (4 October 2002)

Court

Constitutional Court

Case number

CCT 23/02

Judges

Chaskalson, Langa, Kriegler, Madala, Mokgoro, Ngcobo, O'Regan, Sachs, Yacoob

The Constitutional Court granted leave to appeal and interim relief preserving the status quo while a constitutional challenge to floor-crossing legislation proceeded.

• Separation Of Powers
• Interim Relief
• Direct Access
• Floor Crossing
• Status Quo Orders
• Floor-crossing