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South Africa Case Law

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Administrative Law [2024] ZAEC 15

Mxube and Others v The Electoral Commission of South Africa and Others (0012/23EC)

Mxube and Others v The Electoral Commission of South Africa and Others (0012/23EC) [2024] ZAEC 15 (13 May 2024)

The Electoral Court set aside unlawful expulsions from Makana Citizens Front and related council removal steps, reinstating the applicants and restoring the party list.

  • Electoral Commission Act
  • Party Membership Dispute
  • Unlawful Expulsion
  • Review Of Administrative Action
  • Municipal Council Seat Removal
  • Electoral-commission-act
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Administrative Law [2024] ZAEC 2

Februarie and Others v Phillips and Others (009/2023EC)

Februarie and Others v Phillips and Others (009/2023EC) [2024] ZAEC 2 (22 February 2024)

The Electoral Court dismissed an application over leadership of the Siyathemba Community Movement, holding the first DM had a two-year term and that SCM had been wrongly omitted as a party.

  • Electoral Commission Act
  • Party Membership Dispute
  • Interpretation Of Constitution
  • Non Joinder
  • Declaratory Relief
  • Political-party-leadership-dispute
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Administrative Law [2023] ZAEC 2

Sicengu v Magudumane and Another (002/2023 EC)

Sicengu v Magudumane and Another (002/2023 EC) [2023] ZAEC 2 (8 June 2023)

The Electoral Court dismissed an urgent interdict application, holding that the relief sought fell outside its narrow statutory jurisdiction under section 20 of the Electoral Commission Act.

  • Electoral Court Jurisdiction
  • Interim Interdict
  • Electoral Commission Act
  • Party Membership Dispute
  • Electoral-court-jurisdiction
  • Interim-interdict
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Civil Procedure [2019] ZAGPPHC 404

Mphethi NO and Another v Mphahlele and Another (88497/2018)

Mphethi NO and Another v Mphahlele and Another (88497/2018) [2019] ZAGPPHC 404 (2 July 2019)

High Court contempt and urgent interdict case. The court held that the respondents wilfully disobeyed a prior order and restrained further conduct in the PAC (A) dispute.

  • Interim Interdict
  • Contempt Of Court
  • Wilfulness And Mala Fides
  • Balance Of Convenience
  • Rule 6 Uniform Rules
  • Party Membership Dispute
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Administrative Law [2014] ZAGPPHC 129

Montjane and Others v Moloto and Others (75993/13)

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.

  • Municipal Councillor Removal
  • Interim Interdict
  • Party Membership Dispute
  • Local Government Structures Act
  • Interim-interdict
  • Municipal-councillor-removal
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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.