South Africa Case Law

Shunmugam and Others v National Democratic Convention (073/08)

Shunmugam and Others v National Democratic Convention (073/08) [2008] ZASCA 165; [2009] 2 All SA 285 (SCA) (1 December 2008)

Court

Supreme Court of Appeal

Case number

073/08

Judges

Harms, Streicher, Combrinck, Leach, Mhlantla

The Supreme Court of Appeal held that the appellants had not been lawfully expelled from NADECO and thus remained members of the party and municipal councillors during the floor crossing window. The interim order of 31 August 2007 did not deprive them of their party membership or prohibit them from crossing the floor. NADECO's reliance on the Oudekraal principle was misplaced, as the present case involved a direct attack on the legality of the expulsions, not the validity of a subsequent administrative act. The court found that the appellants were entitled to exercise their constitutional rig…

Source excerpt

• Floor Crossing
• Party Membership Expulsion
• Municipal Councillor Rights
• Schedule 6b Interpretation