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South Africa Case Law

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Constitutional Law [2021] ZASCA 164

African Transformation Movement v Speaker of the National Assembly and Others (643/2021)

African Transformation Movement v Speaker of the National Assembly and Others (643/2021) [2021] ZASCA 164; [2022] 1 All SA 615 (SCA); 2022 (4) SA 409 (SCA) (2 December 2021)

Court
Supreme Court of Appeal
Case number
643/2021
Judges
Petse, Nicholls, Gorven, Kgoele, Smith

The Supreme Court of Appeal held that the Speaker of the National Assembly misconstrued the nature of her discretion by imposing an onus on the African Transformation Movement to justify a secret ballot for a motion of no confidence in the President. The Speaker's approach was fundamentally flawed, as the Constitutional Court has made clear that no such onus exists and that the discretion must be exercised afresh in each situation, considering all relevant circumstances. By asking the wrong question and failing to properly apply her mind to the merits, the Speaker's decision was vitiated by i…

Source excerpt

  • Rationality Review
  • Motions Of No Confidence
  • Secret Ballot
  • Parliamentary Procedure
  • Discretion Of Speaker
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Administrative Law [2020] ZAWCHC 102

Plaaslike Besorgde Inwoners (PBI) and Others v George Municipality and Others (7529/2020)

Plaaslike Besorgde Inwoners (PBI) and Others v George Municipality and Others (7529/2020) [2020] ZAWCHC 102 (24 August 2020)

Court
Western Cape High Court, Cape Town
Case number
7529/2020
Judge
Hockey AJ

The court found that all cancellations and postponements of council meetings were justified by legitimate health and safety concerns due to the COVID-19 pandemic and were in compliance with ministerial directions and lockdown regulations. The applicants failed to provide objective facts to support their allegations of manipulation or sinister intent by the speaker. The election process for the executive mayor on 22 May 2020 substantially complied with the legislative framework, including the Municipal Structures Act and the Rules of Order. Any minor deviations, such as the entry of a councill…

Source excerpt

  • Municipal Structures Act
  • Local Government Elections
  • Covid19 Regulations
  • Substantial Compliance
  • Secret Ballot
  • Quorum Requirements
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Constitutional Law [2018] ZAWCHC 22

De Lille v Democratic Alliance and Others (2153/18)

De Lille v Democratic Alliance and Others (2153/18) [2018] ZAWCHC 22; [2018] 2 All SA 464 (WCC); 2018 (4) SA 171 (WCC) (14 February 2018)

Court
Western Cape High Court, Cape Town
Case number
2153/18
Judge
Henney

The court found that the applicant was justified in seeking interim relief due to the uncertainty and apprehension created by the DA's caucus regulations and party constitution, which appeared to bind councillors to vote according to party instructions. The court held that, in line with constitutional principles and the UDM decision, councillors must be allowed to vote according to their conscience in motions of no-confidence. The Speaker has discretion under the Rules of Order to determine whether voting should be by secret ballot, and this discretion must be exercised rationally and constit…

Source excerpt

  • Motion Of No Confidence
  • Secret Ballot
  • Party Discipline
  • Local Government Structures Act
  • Bill Of Rights Limitation
  • Interim Interdict
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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.