South Africa Case Law

South African Municipal Workers Union v Minister of Cooperative Governance and Traditional Affairs and Another (J 945/2023)

South African Municipal Workers Union v Minister of Cooperative Governance and Traditional Affairs and Another (J 945/2023) [2023] ZALCJHB 323; [2024] 2 BLLR 221 (LC); (2024) 45 ILJ 595 (LC) (17 November 2023)

Court

Labour Court Johannesburg

Case number

J 945/2023

Judge

Van Niekerk

The Labour Court struck down section 71B of the Municipal Systems Act insofar as it barred non-management municipal staff from holding political office.

• Limitation Of Political Rights
• Municipal Systems Act
• Section 19 Constitution
• Section 36 Constitution
• Professionalisation Of Local Government
• Justifiability Of Rights Limitation

Sithole and Others v African National Congress and Others (020623/2022)

Sithole and Others v African National Congress and Others (020623/2022) [2023] ZAGPJHC 791; [2023] 3 All SA 890 (GJ) (17 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

020623/2022

Judge

Fisher

The court found that the exclusion of branches from the Ekurhuleni Regional Conference was not based on any empowering provision in the ANC constitution or guidelines, and the process was procedurally and substantively unfair. The complaints leading to disqualification were not properly lodged, and the decision to quarantine votes was arbitrary and not provided for in the rules. The ANC's reliance on the '70% rule' was misconstrued; it is a quorum requirement, not a license to deny minority members their rights. The irregularities were material, as the quarantined votes could have determined…

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• Political Rights
• Internal Party Democracy
• Ultra Vires
• Procedural Fairness
• Setting Aside Elections
• Section 19 Constitution

New Nation Movement PPC and Others v President of the Republic of South Africa and Others (17223/18)

New Nation Movement PPC and Others v President of the Republic of South Africa and Others (17223/18) [2019] ZAWCHC 43; 2019 (5) SA 533 (WCC) (17 April 2019)

Court

Western Cape High Court, Cape Town

Case number

17223/18

Judge

Desai

The court held that Section 19(3)(b) of the Constitution does not expressly confer a right to stand for public office as an independent candidate at national or provincial level. The Constitution establishes a multi-party system and grants Parliament discretion to determine the electoral system, which currently operates on a party-list basis. The applicants' reliance on obiter dicta from My Vote Counts is misplaced, as those remarks are not binding and are contradicted by other Constitutional Court decisions. The absence of legislative facilitation for independent candidates does not render t…

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• Political Rights
• Electoral System
• Independent Candidates
• Section 19 Constitution
• Party List System