South Africa Case Law

Van Niekerk and Others v Nelson Mandela Bay Municipality and Others (2452/2022)

Van Niekerk and Others v Nelson Mandela Bay Municipality and Others (2452/2022) [2022] ZAECQBHC 31 (15 September 2022)

Court

Eastern Cape High Court, Gqeberha

Case number

2452/2022

Judge

D.O. Potgieter

The High Court held that the applicants could attend municipal council meetings pending review, finding urgency and allowing a later variation for the meeting’s continuation.

• Municipal Structures Act
• Interim Relief
• Review Of Administrative Action
• Party Membership Termination
• Urgency
• Variation Of Court Order

Democratic Alliance v Brummer (A184/2020)

Democratic Alliance v Brummer (A184/2020) [2021] ZAWCHC 62; [2021] 2 All SA 818 (WCC); 2021 (6) SA 144 (WCC) (12 April 2021)

Court

Western Cape High Court, Cape Town

Case number

A184/2020

Judges

Saldanha, Gamble, Wille

High Court appeal on whether issue estoppel barred a damages claim after earlier proceedings over party membership termination.

• Issue Estoppel
• Res Judicata
• Constitutional Damages
• Party Membership Termination
• Public Policy
• Section 19 Rights

Democratic Alliance v Municipal Manager:Nelson Mandela Bay Metropolitan Municipality and Others (3676/2018)

Democratic Alliance v Municipal Manager:Nelson Mandela Bay Metropolitan Municipality and Others (3676/2018) [2018] ZAECPEHC 79 (11 December 2018)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3676/2018

Judge

E Revelas

The court found that the termination of the third and fourth respondents' party membership was procedurally and substantively fair, resulting in valid vacancies in their council seats. The new municipal manager accepted these vacancies and was obliged to set a date for a by-election in terms of the Municipal Structures Act. However, regarding the second respondent, the prior judgment of Huisamen AJ precluded the court from making a pronouncement on the lawfulness of the termination of his membership, as the order declared his membership subsisted until resignation or proper disciplinary proce…

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• Municipal Structures Act
• Vacancy Of Council Seat
• Procedural Fairness
• By Election
• Party Membership Termination

Thabazimbi Residents Association v Municipality Manager (Acting): Tbabazimbi Local Municipality and Others (4618/2017)

Thabazimbi Residents Association v Municipality Manager (Acting): Tbabazimbi Local Municipality and Others (4618/2017) [2018] ZALMPPHC 27 (25 May 2018)

Court

Limpopo High Court, Polokwane

Case number

4618/2017

Judge

G C Muller

The court held that the municipal manager is obliged to notify the chief electoral officer of a councillor's vacancy once satisfied that the councillor has ceased to hold office, particularly following expulsion from the party. The validity of the disciplinary committee's decision stands unless set aside by a competent court, and the respondents failed to challenge their expulsion. The municipal manager's role is not to investigate the merits of the party's decision but to verify its authenticity and ensure all internal remedies are exhausted. The audi alteram partem principle applies, requir…

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• Municipal Structures Act
• Vacancy Notification
• Disciplinary Proceedings
• Audi Alteram Partem
• Judicial Review
• Party Membership Termination

De Lille v Democratic Alliance and Others (7882/18)

De Lille v Democratic Alliance and Others (7882/18) [2018] ZAWCHC 57 (15 May 2018)

Court

Western Cape High Court, Cape Town

Case number

7882/18

Judges

Gamble, Samela

The court granted urgent interim relief restoring Patricia De Lille as Cape Town mayor pending review of the DA’s termination of her membership.

• Interim Interdict
• Party Membership Termination
• Municipal Structures Act
• Constitutional Rights Of Party Members
• Voluntary Association Contract
• Public Policy Contractual Terms

Mabe and Others v Municipal Manager: Greater Taung Local Municipality and Others (M85/2017)

Mabe and Others v Municipal Manager: Greater Taung Local Municipality and Others (M85/2017) [2017] ZANWHC 72 (23 November 2017)

Court

North West High Court, Mafikeng

Case number

M85/2017

Judge

Kgoele

The court held that the applicants' termination as ANC members and councillors was not subject to review under PAJA, as the ANC's decision was a political one by a voluntary association, not administrative action. The applicants had voluntarily ceased ANC membership by joining rival parties, making disciplinary proceedings unnecessary and placing themselves outside the ANC's disciplinary jurisdiction. The Municipal Manager acted by operation of law under section 27(c) of the Municipal Structures Act, which provides for automatic vacation of office upon cessation of party membership. The appli…

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• Promotion Of Administrative Justice Act
• Municipal Structures Act
• Party Membership Termination
• Disciplinary Proceedings
• Interdict Requirements

Cloete v Independent Democrats and Others (9174/2008)

Cloete v Independent Democrats and Others (9174/2008) [2008] ZAWCHC 225 (25 July 2008)

Court

Western Cape High Court, Cape Town

Case number

9174/2008

Judge

Davis

The High Court dismissed a review of a party disciplinary decision terminating an applicant’s membership, finding the hearing fair and the tribunal’s findings rational.

• Procedural Fairness
• Disciplinary Tribunal Review
• Party Membership Termination
• Costs Order
• Administrative-law
• Procedural-fairness