Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
3 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Constitutional Law [2023] ZANWHC 170

Selebogo and Others v African National Congress and Others (Reasons) (UM 161/2022)

Selebogo and Others v African National Congress and Others (Reasons) (UM 161/2022) [2023] ZANWHC 170 (9 February 2023)

Court
North West High Court, Mafikeng
Case number
UM 161/2022
Judge
Petersen

The court found that the applicants failed to exhaust the internal remedies provided by the ANC Constitution, specifically the dispute resolution process available to branches. The right to declare a dispute regarding delegate recognition at conferences is vested in the branches, not individual members. The applicants did not demonstrate that their branches had mandated or joined the application, nor did they show that the internal remedies were unavailable or ineffective. The evidence indicated that alleged irregularities at the conference were addressed and resolved through internal process…

Source excerpt

  • Internal Remedies Exhaustion
  • Political Party Membership
  • Urgent Interdict
  • Rule 41a Uniform Rules
  • Section 19 Political Rights
  • Costs Order
Read case analysis
Constitutional Law [2021] ZAGPJHC 88

Magashule v Ramaphosa and Others (2021/23795)

Magashule v Ramaphosa and Others (2021/23795) [2021] ZAGPJHC 88; [2021] 3 All SA 887 (GJ) (9 July 2021)

Court
South Gauteng High Court, Johannesburg
Case number
2021/23795
Judges
Kollapen, Weiner, Molahlehi

The court held that Rule 25.70 of the ANC constitution is not unconstitutional or invalid under either the ANC constitution or the Constitution of South Africa. The ANC, as a voluntary association, is entitled to regulate its internal affairs, including membership and participation, provided its constitution is consistent with the national Constitution. The step-aside rule and the suspension of Mr Magashule were precautionary measures, not disciplinary or punitive actions, and did not require pre-suspension audi alteram partem. The court found that Mr Magashule was afforded ample opportunity…

Source excerpt

  • Political Party Membership
  • Internal Party Governance
  • Precautionary Suspension
  • Natural Justice
  • Bill Of Rights Limitation
  • Declaratory Relief
Read case analysis
Constitutional Law [2018] ZAWCHC 81

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

De Lille v Democratic Alliance and Others (7882/18) [2018] ZAWCHC 81; [2018] 3 All SA 684 (WCC) (27 June 2018)

Court
Western Cape High Court, Cape Town
Case number
7882/18
Judges
Le Grange, Mantame, Sher

The court found that the DA did not comply with its own constitution and rules in the process of terminating De Lille's membership. The Federal Legal Commission panel responsible for determining the cessation of membership was not properly constituted, which amounted to a material irregularity. Furthermore, the DA failed to provide De Lille with an opportunity to present mitigating factors before making an adverse finding, as required by its constitution. These procedural defects were not merely technical but went to the heart of the legality and fairness of the process. As a result, the dete…

Source excerpt

  • Political Party Membership
  • Principle Of Legality
  • Procedural Fairness
  • Promotion Of Administrative Justice Act
  • Interpretation Of Constitutions
  • Public Office Removal
Read case analysis

About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.