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Bothmane v National Convenor: Forum for Service Delivery and Others (M64/2017) [2017] ZANWHC 37 (22 June 2017)
The High Court granted an urgent interim interdict stopping the implementation of a party decision to expel a municipal councillor, pending review.
Ntongana and Others v Charperson: the National Disciplinary Committee of Appeal of the African National Congress and Others, MEC: Local Government and Traditional Affairs of the Government of the Eastern Cape v Others (2743/2009, 2794/2009) [2009] ZAECGHC 78 (5 November 2009)
The court granted interim relief after finding the ANC appeal hearing was not properly notified, suspended the expulsions, and reinstated the councillors pending review.
Mthethwa v Municipal Manager Uthungulu and Others (8932/2007) [2007] ZAKZHC 19 (14 September 2007)
The court found that the applicant's expulsion from the Inkatha Freedom Party was unlawful and invalid, a fact conceded by the party. All subsequent administrative actions predicated on this expulsion, including the declaration of a council vacancy and the election of replacement councillors, were reviewed and set aside. The court held that unlawful administrative acts produce legal consequences only until set aside by a competent court, and that the fate of consequent acts follows that of the initial unlawful act. The court exercised its discretion to grant substantive and declaratory relief…
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