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South Africa decisions
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Siyabonga Gugulethu Galela (Ex parte application) (1294/2023) [2024] ZASCA 176 (13 December 2024)
The Supreme Court of Appeal upheld an appeal against refusal of admission, finding the applicant’s omissions were not intended to deceive and could be condoned.
National Association of Democratic Lawyers and Others v South African Legal Practice Council and Another (2024-071477) [2024] ZAGPPHC 800 (7 August 2024)
The court found that the Legal Practice Council (SALPC) was not empowered by Rule 46 or any other statutory provision to declare the October 2023 election irregular or unlawful after voting had closed. Rule 46 prescribes a mandatory process for tallying votes, declaring elected members, and publishing results, leaving no discretion for the SALPC to invalidate the election post hoc. The SALPC's only lawful recourse, if it believed the process was flawed, was to apply for judicial self-review, not to act unilaterally. The applicants established a prima facie right to lawful administrative actio…
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