Mangope v United Christian Democratic Party (173/2011) [2012] ZANWHC 51 (17 May 2012)
Court
North West High Court, Mafikeng
Case number
173/2011
Judge
N Gutta
The High Court reviewed and set aside the UCDP Federal Council’s decision to terminate Lucas Mangope’s membership, finding bias and procedural unfairness.
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…
Pheko v Speaker of the National Assembly and Another (10575/2007) [2007] ZAWCHC 80 (16 August 2007)
Court
Western Cape High Court, Cape Town
Case number
10575/2007
Judge
Davis
The High Court granted an interim interdict preserving the applicant’s parliamentary seat pending an internal party appeal, finding no waiver and no time-bar displacing residual discretion.