South Africa Case Law

Ledwaba and Another v South African Football Association and Others (037446/2022)

Ledwaba and Another v South African Football Association and Others (037446/2022) [2024] ZAGPPHC 164 (9 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

037446/2022

Judge

Holland-Muter

The court found that the applicants lacked standing to invoke SAFA's arbitration provisions, as neither was a member in their personal capacity and the second applicant was not mandated by any structure to request arbitration. The SAFA Statutes do not compel referral of disputes to arbitration; the word 'may' in Article 58.4 is permissive, not mandatory. The election process was regular, and all complaints were addressed by the chairperson. No genuine dispute of fact exists, and the applicants' shifting grounds for review and refusal to accept the election outcome do not justify judicial inte…

Source excerpt

• Arbitration Clause
• Membership Rights
• Internal Governance
• Review Of Election
• Costs Award

Mbokazi v Alexandra Taxi Association and Another (1481/2020)

Mbokazi v Alexandra Taxi Association and Another (1481/2020) [2020] ZAGPJHC 36 (6 February 2020)

Court

South Gauteng High Court, Johannesburg

Case number

1481/2020

Judge

EF Dippenaar

The court granted interim relief protecting a taxi operator’s vehicles pending final determination, finding a prima facie right, harm, and strong convenience.

• Interim Interdict
• Membership Rights
• Association Constitution
• Urgent Relief
• Contractual Interference
• Interim-interdict

Knowles and Others v Blair Athol Home Owners Association and Others (75783/2013)

Knowles and Others v Blair Athol Home Owners Association and Others (75783/2013) [2014] ZAGPPHC 518 (20 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

75783/2013

Judge

Tuchten

The court granted interim relief restoring applicants’ golf-club rights and barred the HOA from using unpaid levies to stop them playing golf pending the main case.

• Oppressive Conduct
• Section 21 Company
• Interim Interdict
• Fiduciary Duties
• Levy Enforcement
• Membership Rights

Society for the Industrial and Organisational Psychology of South Africa, a Division of Psychological Society ofSouth Africa (SIOPSA) and Others v Psychological Society of South Africa (13138/03)

Society for the Industrial and Organisational Psychology of South Africa, a Division of Psychological Society ofSouth Africa (SIOPSA) and Others v Psychological Society of South Africa (13138/03) [2003] ZAGPHC 13; PSYSSA (23 October 2003)

Court

High Courts - Gauteng

Case number

13138/03

Judge

Willis

The court declared the applicants’ constitution valid, ordered access to membership and subscription records, and granted punitive costs against the respondent.

• Interpretation Of Constitutions
• Voluntary Association Liability
• Membership Rights
• Costs Award
• Attorney And Client Scale
• Voluntary-association-constitutions

Consolidated Employers Medical Aid Society and Others v Leveton (38/97)

Consolidated Employers Medical Aid Society and Others v Leveton (38/97) [1998] ZASCA 114 (27 November 1998)

Court

Supreme Court of Appeal

Case number

38/97

Judges

Vivier, Howie, Schutz, Zulman, Farlam

The Supreme Court of Appeal upheld Leveton’s reinstatement to a medical aid scheme, holding that the disputes committee’s decision was binding on management.

• Medical Schemes Act
• Interpretation Of Contracts
• Arbitration And Dispute Resolution
• Membership Rights
• Retirement Benefits
• Medical-schemes-act