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South Africa Case Law

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Administrative Law [2012] ZANWHC 51

Mangope v United Christian Democratic Party (173/2011)

Mangope v United Christian Democratic Party (173/2011) [2012] ZANWHC 51 (17 May 2012)

The High Court reviewed and set aside the UCDP Federal Council’s decision to terminate Lucas Mangope’s membership, finding bias and procedural unfairness.

  • Review Of Administrative Action
  • Bias And Impartiality
  • Ultra Vires
  • Rationality
  • Party Membership Expulsion
  • Judicial-review
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Constitutional Law [2008] ZASCA 165

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)

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…

  • Floor Crossing
  • Party Membership Expulsion
  • Municipal Councillor Rights
  • Schedule 6b Interpretation
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Administrative Law [2007] ZAWCHC 80

Pheko v Speaker of the National Assembly and Another (10575/2007)

Pheko v Speaker of the National Assembly and Another (10575/2007) [2007] ZAWCHC 80 (16 August 2007)

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.

  • Internal Remedies Exhaustion
  • Interim Interdict
  • Waiver Of Rights
  • Balance Of Convenience
  • Party Membership Expulsion
  • Interim-interdict
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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.