Dorfling v Independent Democrats and Others (14963/2007)
Dorfling v Independent Democrats and Others (14963/2007) [2007] ZAWCHC 87 (11 June 2007)
The court found that the applicant's resignation letter, addressed to the party leader, did not constitute a formal resignation under the party constitution, which required such communication to be directed to a recognised party structure. The applicant validly submitted his floor-crossing notification to the IEC during the window period and met the statutory 10% threshold. The decisions of the Municipal Manager and IEC to declare the seat vacant and fill it were based on erroneous assumptions of law and fact and were therefore unlawful and reviewable under PAJA. The court held that jurisdict…
Source excerpt
- Floor Crossing
- Municipal Councillor Removal
- Review Of Administrative Action
- Jurisdiction Of High Court
- Party Membership Resignation