South Africa Case Law

Baloyi and Others v Tshifhesi and Others (J1000/2023)

Baloyi and Others v Tshifhesi and Others (J1000/2023) [2025] ZALCJHB 214 (4 June 2025)

Court

Labour Court Johannesburg

Case number

J1000/2023

Judge

Daniels

The application fails because the applicants did not allege or prove compliance with all constitutional requirements for convening the National Congress and electing office bearers. The NEC meeting of 13 November 2021 was unlawful as it was held without proper notice to the President and Vice President and on a date not agreed to by the President, contrary to the constitution. The National Congress held from 28 to 30 October 2022 was also unlawful, as the agenda was not circulated to regions as required, and several individuals were elected to the NEC in breach of constitutional requirements.…

Source excerpt

• Trade Union Governance
• Union Constitution Interpretation
• Ultra Vires Acts
• Leadership Dispute
• Motion Proceedings
• Final Relief

Elects Apostolic Church NPS v Mohammad and Another (47085/2021)

Elects Apostolic Church NPS v Mohammad and Another (47085/2021) [2025] ZAGPPHC 86 (31 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

47085/2021

Judge

HF Jacobs

The court extended a rule nisi and referred a church dispute to oral evidence over leadership, a bank account, and property income, with costs in the cause.

• Rule 6 5 G Referral
• Ownership Of Church Assets
• Leadership Dispute
• Bank Account Entitlement
• Property Income Rights
• Rule-6-5-g

Sabelo Sithole v Electoral Commission of South Africa and Others (0038/2024EC)

Sabelo Sithole v Electoral Commission of South Africa and Others (0038/2024EC) [2024] ZAEC 30 (19 November 2024)

Court

Electoral Court

Case number

0038/2024EC

Judges

Modiba, Steyn, Professor Phooko

The Electoral Court dismissed an application to compel the Electoral Commission to update party leadership records, citing lis pendens, non-joinder, and vexatious litigation.

• Non Joinder
• Lis Pendens
• Leadership Dispute
• Punitive Costs
• Electoral Registration
• Lis-pendens

Defenders Of The People and Another v Municipal Manager: The City Of Tshwane Metropolitan University and Others

Defenders Of The People and Another v Municipal Manager: The City Of Tshwane Metropolitan University and Others [2023] ZAGPPHC 262; B2057/2023 (26 April 2023)

Court

North Gauteng High Court, Pretoria

Case number

B2057/2023

Judge

E van der Schyff

An urgent interdict application was struck from the roll for defective service, self-created urgency, and unresolved disputes over authority and standing.

• Urgent Interdict
• Service Of Process
• Locus Standi
• Leadership Dispute
• Urgent-interdict
• Service-of-process

Mphethi and Another v Apooe and Others (11224/2017)

Mphethi and Another v Apooe and Others (11224/2017) [2020] ZAGPPHC 294 (1 June 2020)

Court

North Gauteng High Court, Pretoria

Case number

11224/2017

Judge

NM Mavundla

The High Court dismissed an urgent PAC leadership application after finding the first applicant failed to prove authority to sue for the party.

• Leadership Dispute
• Authority To Institute Proceedings
• Political Party Governance
• Resolution Of Counterclaims
• Authority-to-institute-proceedings
• Political-party-governance

Pan African Congress of Azania and Another v Electoral Commission of South Africa and Another (50743/2015)

Pan African Congress of Azania and Another v Electoral Commission of South Africa and Another (50743/2015) [2015] ZAGPPHC 1011 (12 August 2015)

Court

North Gauteng High Court, Pretoria

Case number

50743/2015

Judge

Mabuse

The High Court dismissed an urgent application over the Electoral Commission’s suspension of PAC funding amid a leadership dispute, finding no clear right to relief.

• Public Funding Of Political Parties
• Suspension Of Funding
• Leadership Dispute
• Final Interdict Requirements
• Functus Officio
• Judicial Review