South Africa Case Law

Anweskus Eiendome en Beherende Primere Kooperasie Beperk and Others v Agenbag and Others (2025/035918)

Anweskus Eiendome en Beherende Primere Kooperasie Beperk and Others v Agenbag and Others (2025/035918) [2025] ZAWCHC 186 (30 April 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/035918

Judge

Lekhuleni

The High Court dismissed an urgent application challenging a co-operative’s leadership change, finding the urgency self-created and the special general meeting invalid.

• Co Operatives Act
• Internal Governance
• Validity Of Meeting
• Locus Standi
• Urgent Application
• Interdict Requirements

Medupe and Others v African National Congress and Others (003/2024)

Medupe and Others v African National Congress and Others (003/2024) [2025] ZASCA 22 (20 March 2025)

Court

Supreme Court of Appeal

Case number

003/2024

Judges

Meyer, Matojane, Kgoele, Smith, Bloem

The Supreme Court of Appeal held that rule 12.2.4 of the ANC constitution does not automatically terminate the IPC's authority upon expiry of the nine-month period, especially where force majeure, such as the Covid-19 pandemic, made compliance impossible. The rule must be interpreted in context, with the purpose of maintaining good governance and continuity in leadership. The NEC was constitutionally empowered to extend the IPC's mandate and to intervene in the conduct of the Provincial Conference when necessary. The actions of the NEC and IPC were justified under the constitution, and the Pr…

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• Interpretation Of Voluntary Association Constitution
• Force Majeure
• Internal Governance
• Contractual Interpretation
• Good Governance
• Powers Of Nec

Ledwaba and Another v South African Football Association and Others (037446/2022)

Ledwaba and Another v South African Football Association and Others (037446/2022) [2024] ZAGPPHC 164 (9 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

037446/2022

Judge

Holland-Muter

The court found that the applicants lacked standing to invoke SAFA's arbitration provisions, as neither was a member in their personal capacity and the second applicant was not mandated by any structure to request arbitration. The SAFA Statutes do not compel referral of disputes to arbitration; the word 'may' in Article 58.4 is permissive, not mandatory. The election process was regular, and all complaints were addressed by the chairperson. No genuine dispute of fact exists, and the applicants' shifting grounds for review and refusal to accept the election outcome do not justify judicial inte…

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• Arbitration Clause
• Membership Rights
• Internal Governance
• Review Of Election
• Costs Award

Williams and Another v University of the Western Cape and Others (24537/2015)

Williams and Another v University of the Western Cape and Others (24537/2015) [2016] ZAWCHC 198 (15 November 2016)

Court

Western Cape High Court, Cape Town

Case number

24537/2015

Judge

Gamble

The court found that the decisions of the Council of the University of the Western Cape to suspend and expel the applicants were procedurally unfair and unlawful. The Council failed to provide proper notice of the agenda items, denied the applicants a fair hearing, and acted with bias and ulterior motives. The establishment and report of the ad hoc disciplinary committee were inseparable from the unlawful suspension and thus equally tainted by procedural irregularity. The court held that all decisions, steps, and measures consequent upon the unlawful suspensions and expulsions must be set asi…

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• Promotion Of Administrative Justice Act
• Procedural Fairness
• Conflict Of Interest
• Internal Governance
• Disciplinary Proceedings