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South Africa decisions
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Axter Properties CC v Kalla and Another (48402/07) [2011] ZAGPPHC 102 (30 May 2011)
High Court spoliation case involving possession of a shop in Polokwane and whether a member of a close corporation still had authority to grant access.
MEC of the KwaZulu-Natal for Local Government, Housing and Traditional Affairs v Amajuba District Municipality and Others (590/2009) [2010] ZASCA 111; [2011] 1 All SA 401 (SCA) (20 September 2010)
The Supreme Court of Appeal held that section 43(1) of the Local Government: Municipal Structures Act requires the municipal council to elect members to its executive committee by majority vote. The council is not obliged to accept nominees from parties entitled to proportional representation; rather, the council must exercise its discretion and choose members at a council meeting. The court found that this interpretation is consistent with the Constitution, which provides for majority rule while ensuring fair representation of minority parties. The appellant's argument that the council must…
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