South Africa Case Law

Skhosana and Another v Makhalini Womlambo Communal Property Association (Leave to Appeal) (1877/22)

Skhosana and Another v Makhalini Womlambo Communal Property Association (Leave to Appeal) (1877/22) [2025] ZAMPMHC 25 (15 April 2025)

Court

Middelburg High Court, Mpumalanga

Case number

1877/22

Judge

K F Phahlamohlaka

The High Court granted condonation and leave to appeal, finding that the issues raised over the respondent’s constitution and the Communal Properties Associations Act warrant clarification.

• Leave To Appeal
• Communal Property Associations Act
• Condonation
• Interpretation Of Constitution
• Costs In Appeal
• Leave-to-appeal

N Wandlamhari Communal Property Association and Another v Mathebula and Others (LCC89/2019)

N Wandlamhari Communal Property Association and Another v Mathebula and Others (LCC89/2019) [2025] ZALCC 3 (16 January 2025)

Court

Land Claims Court

Case number

LCC 89/2019

Judges

SJ Cowen, B Padayachi

The Land Claims Court granted leave to appeal on the merits of an authorisation dispute in a communal property association but refused leave on the audi complaint.

• Communal Property Association
• Authorisation Of Litigation
• Membership Dispute
• Leave To Appeal
• Audi Alteram Partem
• Interpretation Of Constitution

Februarie and Others v Phillips and Others (009/2023EC)

Februarie and Others v Phillips and Others (009/2023EC) [2024] ZAEC 2 (22 February 2024)

Court

Electoral Court

Case number

009/2023EC

Judges

Zondi JA, Shongwe AJ, Adams AJ, Professor Phooko

The Electoral Court dismissed an application over leadership of the Siyathemba Community Movement, holding the first DM had a two-year term and that SCM had been wrongly omitted as a party.

• Electoral Commission Act
• Party Membership Dispute
• Interpretation Of Constitution
• Non Joinder
• Declaratory Relief
• Political-party-leadership-dispute

Narius Moloto v The Pan Africanist Congress of Azania (1176/2019)

Narius Moloto v The Pan Africanist Congress of Azania (1176/2019) [2023] ZASCA 140 (27 October 2023)

Court

Supreme Court of Appeal

Case number

1176/2019

Judges

Mocumie, Hughes, Matojane, Molefe, Nhlangulela

The Supreme Court of Appeal held that the appeal was moot, as the relief sought had been overtaken by subsequent events, including the holding of the PAC national congress and the setting aside of the appellant's election as President. The Court found that there was no live controversy between the parties and that any decision would have no practical effect. The invocation of clause 14.2 by the appellant was not justified, as there was no genuine emergency, and the President's powers must be exercised in accordance with objective facts and the democratic decisions of the NEC. The unilateral s…

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• Mootness
• Interpretation Of Constitution
• Emergency Powers
• Consent Order
• Costs On Attorney And Client Scale

Medupe and Others v African National Congress and Others (UM160/2022)

Medupe and Others v African National Congress and Others (UM160/2022) [2023] ZANWHC 159 (7 September 2023)

Court

North West High Court, Mafikeng

Case number

UM160/2022

Judge

J T Djaje

The High Court dismissed leave to appeal, finding no reasonable prospects of success and ordering the applicants to pay costs, including two counsel.

• Leave To Appeal
• Reasonable Prospect Of Success
• Internal Governance Of Voluntary Association
• Interpretation Of Constitution
• Costs Order
• Leave-to-appeal

Macingwane v Masekwameng and Others (626/2021)

Macingwane v Masekwameng and Others (626/2021) [2022] ZASCA 174 (7 December 2022)

Court

Supreme Court of Appeal

Case number

626/2021

Judges

Zondi, Van der Merwe, Molemela, Windell, Chetty

The Supreme Court of Appeal held that clause 28.4.4 of the NAFCOC Constitution, as amended in 2011, clearly empowers the President, any Chairperson of a Provincial Executive Committee, or the National Chairperson of Provinces, in consultation with the Executive Committee, to convene Council meetings. The appellant's proposed hierarchical interpretation was unsupported by the text, context, or purpose of the clause. The amendment was specifically intended to prevent a President from obstructing Council meetings. The meeting of 31 July 2019 at NAFCOC Head Office was lawfully convened, and the r…

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• Voluntary Association Constitution
• Interpretation Of Constitution
• Removal Of Office Bearer
• Motion Of No Confidence
• Meeting Convening Authority

Dube and Others v Zikalala and Others (7904/2016P)

Dube and Others v Zikalala and Others (7904/2016P) [2017] ZAKZPHC 36; [2017] 4 All SA 365 (KZP) (12 September 2017)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

7904/2016P

Judges

Koen, Balton, Chetty

The court held that the Eighth KwaZulu-Natal Provincial Elective Conference of the ANC was convened in breach of rule 17.2.1 of the ANC constitution, as it was held earlier than four years after the previous conference without a request from at least one third of branches. The interpretation of the rule, considering the text, context, and purpose, required that conferences be held at least every four years, and more often only if properly requested. The absence of such a request rendered the conference unlawful. The court found that alleged irregularities in the audit and accreditation proces…

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• Political Party Internal Governance
• Interpretation Of Constitution
• Declaratory Relief
• Locus Standi
• Time Bar
• Conference Election Irregularities

Mhlontlo v South African Democratic Teachers' Union (395/14)

Mhlontlo v South African Democratic Teachers' Union (395/14) [2014] ZAECBHC 14 (11 November 2014)

Court

Eastern Cape High Court, Bhisho

Case number

395/14

Judge

I.T Stretch

The High Court held that SADTU’s NEC could place a member on precautionary suspension without a prior hearing and discharged the rule nisi with costs.

• Precautionary Suspension
• Internal Union Governance
• Freedom Of Association
• Natural Justice
• Interim Interdict
• Interpretation Of Constitution

Mansingh v General Council of the Bar and Others (CCT 43/13)

Mansingh v General Council of the Bar and Others (CCT 43/13) [2013] ZACC 40; 2014 (2) SA 26 (CC); 2014 (1) BCLR 85 (CC) (28 November 2013)

Court

Constitutional Court

Case number

CCT 43/13

Judges

Nkabinde, Mogoeng, Moseneke, Cameron, Froneman, Jafta, Madlanga, Mhlantla, Skweyiya, Van der Westhuizen, Zondo

The Constitutional Court held that section 84(2)(k) empowers the President to confer senior counsel status on advocates as part of the power to confer honours.

• Presidential Powers
• Conferring Honours
• Interpretation Of Constitution
• Senior Counsel Appointments
• Constitutional-law
• Presidential-powers

General Council of the Bar and Another v Mansingh and Others (417/2012)

General Council of the Bar and Another v Mansingh and Others (417/2012) [2013] ZASCA 9; 2013 (3) SA 294 (SCA); [2013] 2 All SA 542 (SCA) (15 March 2013)

Court

Supreme Court of Appeal

Case number

417/2012

Judges

Brand, Shongwe, Leach, Southwood, Saldulker

The Supreme Court of Appeal held that section 84(2)(k) of the Constitution, which empowers the President to 'confer honours', includes the authority to appoint senior counsel (silk) on practising advocates. This interpretation is supported by the historical context, where the prerogative power to confer honours traditionally encompassed the appointment of senior counsel, and by the intention of the drafters to codify compatible prerogative powers within the constitutional framework. The court rejected arguments that the institution of silk is not an honour or that its exclusion from the Presi…

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• Presidential Prerogative
• Conferral Of Honours
• Interpretation Of Constitution
• Senior Counsel Appointments