South Africa Case Law

Corruption Watch NPC and Others v President of the Republic of South Africa and Others; Nxasana v Corruption Watch NPC and Others (CCT 333/17; CCT 13/18)

Corruption Watch NPC and Others v President of the Republic of South Africa and Others; Nxasana v Corruption Watch NPC and Others (CCT 333/17; CCT 13/18) [2018] ZACC 23; 2018 (10) BCLR 1179 (CC); 2018 (2) SACR 442 (CC) (13 August 2018)

Court

Constitutional Court

Case number

CCT 333/17; CCT 13/18

Judges

Cachalia AJ, Dlodlo AJ, Froneman J, Goliath AJ, Jafta J, Khampepe J, Madlanga J, Petse AJ, Theron J

The Constitutional Court confirmed invalid the settlement removing NDPP Nxasana, upheld the invalidity of Abrahams’ appointment, and struck down parts of section 12 of the NPA Act.

• Independence Of Prosecuting Authority
• Security Of Tenure
• Unlawful Removal From Office
• Settlement Agreement Invalidity
• Judicial Review Of Executive Action
• Constitutional Invalidity Of Statute

Mogashoa v African National Congress and Others (138/04)

Mogashoa v African National Congress and Others (138/04) [2006] ZANWHC 35 (26 May 2006)

Court

North West High Court, Mafikeng

Case number

138/04

Judge

MTR Mogoeng

The court found that the ANC's withdrawal of the Plaintiff from its party list and the purported suspension of his membership were not valid under either the ANC Constitution or the Municipal Structures Act. The Provincial Secretary lacked authority to suspend the Plaintiff, and Rule 4.18 of the ANC Constitution did not apply to the circumstances. The Municipal Council failed to properly formalise the Plaintiff's removal, acting instead on flawed instructions from the ANC. The Plaintiff's appointment was unlawfully terminated, and both the ANC and Municipality were liable for damages. The cla…

Source excerpt

• Municipal Structures Act
• Unlawful Removal From Office
• Prescription
• Notice To Organ Of State
• Party List System
• Disciplinary Procedure