South Africa Case Law

Macingwane v Masekwameng and Others (626/2021)

Macingwane v Masekwameng and Others (626/2021) [2022] ZASCA 174 (7 December 2022)

Court

Supreme Court of Appeal

Case number

626/2021

Judges

Zondi, Van der Merwe, Molemela, Windell, Chetty

The Supreme Court of Appeal held that clause 28.4.4 of the NAFCOC Constitution, as amended in 2011, clearly empowers the President, any Chairperson of a Provincial Executive Committee, or the National Chairperson of Provinces, in consultation with the Executive Committee, to convene Council meetings. The appellant's proposed hierarchical interpretation was unsupported by the text, context, or purpose of the clause. The amendment was specifically intended to prevent a President from obstructing Council meetings. The meeting of 31 July 2019 at NAFCOC Head Office was lawfully convened, and the r…

Source excerpt

• Voluntary Association Constitution
• Interpretation Of Constitution
• Removal Of Office Bearer
• Motion Of No Confidence
• Meeting Convening Authority

Nyoka v Cricket South Africa (2011/8727)

Nyoka v Cricket South Africa (2011/8727) [2011] ZAGPJHC 32 (15 April 2011)

Court

South Gauteng High Court, Johannesburg

Case number

2011/8727

Judge

Mojapelo

The court set aside Cricket South Africa’s decision removing Dr Nyoka as president, finding defective notice, denial of a hearing, and resulting prejudice.

• Corporate Governance
• Removal Of Office Bearer
• Notice Of Meeting
• Audi Alteram Partem
• Companies Act
• Urgent Application