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Administrative Law [2023] ZANCHC 21

Phillips and Others v Olyn and Others (148/2022)

Phillips and Others v Olyn and Others (148/2022) [2023] ZANCHC 21 (26 May 2023)

The court found that the first respondent, Piet Olyn, had resigned as secretary of the Siyathemba Community Movement and therefore lacked authority to initiate disciplinary proceedings or expel the applicants. The disciplinary actions taken by Olyn were contrary to the party's constitution, which requires the Executive Committee to appoint a Disciplinary Committee, and no such committee had been appointed. The expulsions were a nullity and had no effect on the applicants' positions within the party or the municipal council, as neither the municipality nor the IEC recognised the expulsions. Th…

  • Internal Party Discipline
  • Locus Standi
  • Declaratory Relief
  • Municipal Council Procedure
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