Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Constitutional Law [2006] ZAGPHC 23

Merafong Community and Others v Chairperson of the Independent Electoral Commission and Others (5673/06)

Merafong Community and Others v Chairperson of the Independent Electoral Commission and Others (5673/06) [2006] ZAGPHC 23 (16 March 2006)

Court
High Courts - Gauteng
Case number
5673/06
Judges
B M Ngoepe, W J Hartzenberg, W.L. Seriti

The court found that the applicants failed to establish a nexus between the Twelfth Constitutional Amendment and the ability to conduct free and fair elections. The unrest cited by the applicants was caused by their own actions, and they did not demonstrate that the security forces would be unable to maintain law and order or protect individuals from intimidation. The applicants had not properly raised their concerns with the Independent Electoral Commission, nor had they shown that the statutory requirements for postponement under the Municipal Electoral Act were met. The applicants had reme…

Source excerpt

  • Municipal Elections
  • Constitutional Amendment
  • Right To Vote
  • Local Government Demarcation
Read case analysis
Administrative Law [1990] ZASCA 34

Administrator of the Province of the Cape of Good Hope and Another v Ikapa Town Council (522/88)

Administrator of the Province of the Cape of Good Hope and Another v Ikapa Town Council (522/88) [1990] ZASCA 34; 1990 (2) SA 882 (AD); (29 March 1990)

Court
Supreme Court of Appeal
Case number
522/88
Judges
Joubert JA, Hoexter JA, Smalberger JA, Kumleben JA, Nienaber AJA

The Supreme Court of Appeal held that the Demarcation Board was obliged to observe the audi alteram partem principle in its enquiry, as its recommendations could prejudicially affect Ikapa's proprietary rights. However, the after-acquired information used by the Demarcation Board was found to be immaterial and did not influence its recommendations. The Court found that all statutory requirements, including consultation with Ikapa, were met. Other grounds of review advanced by Ikapa, such as lack of popular support, financial viability, capable leadership, homogeneity, and allegations of bias,…

Source excerpt

  • Audi Alteram Partem
  • Review Of Administrative Action
  • Local Government Demarcation
  • Legitimate Expectation
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.