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South Africa decisions
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Moqolo and Others v African National Congress (A118/2023) [2024] ZAFSHC 23 (1 February 2024)
Full court appeal dismissed as moot after ANC councillor vacancies were filled; the court also upheld the final interdict and costs order.
African National Congress and Others v Lobelo and Others (UM81/2021) [2021] ZANWHC 52 (26 August 2021)
The court set aside the removal of Tswaing councillors, holding the council lacked power to do so and had breached natural justice.
Sibanda and Others Sterkspruit Civic Association (2522/2017) [2017] ZAECMHC 26 (25 July 2017)
The court found that the Sterkspruit Civic Association's constitution did not confer any power to expel members, either expressly or by necessary implication. The disciplinary committee and executive committee acted ultra vires in expelling the applicants and removing them from the party list and council positions. The applicants were denied a fair hearing and the opportunity to appeal to a valid constitutional body. The urgency of the application was justified by the timing of the actionable decision on 24 May 2017. The court held that the applicants were entitled to reinstatement of their m…
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Montjane and Others v Moloto and Others (75993/13) [2014] ZAGPPHC 129 (20 February 2014)
The High Court granted an interim interdict preserving the applicants’ municipal council seats pending a review of alleged PAC expulsions and related IEC action.
Mhana and Others v Ngqwebo (CA 65/2011) [2011] ZAECGHC 90 (1 November 2011)
The High Court held that the municipality was a necessary party, but citation of officials alone did not join it. The appeal partly succeeded and only some relief was set aside.
Dorfling v Independent Democrats and Others (14963/2007) [2007] ZAWCHC 87 (11 June 2007)
The court found that the applicant's resignation letter, addressed to the party leader, did not constitute a formal resignation under the party constitution, which required such communication to be directed to a recognised party structure. The applicant validly submitted his floor-crossing notification to the IEC during the window period and met the statutory 10% threshold. The decisions of the Municipal Manager and IEC to declare the seat vacant and fill it were based on erroneous assumptions of law and fact and were therefore unlawful and reviewable under PAJA. The court held that jurisdict…
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