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South Africa Case Law

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Constitutional Law [2019] ZAWCHC 43

New Nation Movement PPC and Others v President of the Republic of South Africa and Others (17223/18)

New Nation Movement PPC and Others v President of the Republic of South Africa and Others (17223/18) [2019] ZAWCHC 43; 2019 (5) SA 533 (WCC) (17 April 2019)

Court
Western Cape High Court, Cape Town
Case number
17223/18
Judge
Desai

The court held that Section 19(3)(b) of the Constitution does not expressly confer a right to stand for public office as an independent candidate at national or provincial level. The Constitution establishes a multi-party system and grants Parliament discretion to determine the electoral system, which currently operates on a party-list basis. The applicants' reliance on obiter dicta from My Vote Counts is misplaced, as those remarks are not binding and are contradicted by other Constitutional Court decisions. The absence of legislative facilitation for independent candidates does not render t…

Source excerpt

  • Political Rights
  • Electoral System
  • Independent Candidates
  • Section 19 Constitution
  • Party List System
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Administrative Law [2006] ZANWHC 35

Mogashoa v African National Congress and Others (138/04)

Mogashoa v African National Congress and Others (138/04) [2006] ZANWHC 35 (26 May 2006)

Court
North West High Court, Mafikeng
Case number
138/04
Judge
MTR Mogoeng

The court found that the ANC's withdrawal of the Plaintiff from its party list and the purported suspension of his membership were not valid under either the ANC Constitution or the Municipal Structures Act. The Provincial Secretary lacked authority to suspend the Plaintiff, and Rule 4.18 of the ANC Constitution did not apply to the circumstances. The Municipal Council failed to properly formalise the Plaintiff's removal, acting instead on flawed instructions from the ANC. The Plaintiff's appointment was unlawfully terminated, and both the ANC and Municipality were liable for damages. The cla…

Source excerpt

  • Municipal Structures Act
  • Unlawful Removal From Office
  • Prescription
  • Notice To Organ Of State
  • Party List System
  • Disciplinary Procedure
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.