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South Africa Case Law

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Civil Procedure [2019] ZAECGHC 109

Kupa v Economic Freedom Fighters and Others (39/2018)

Kupa v Economic Freedom Fighters and Others (39/2018) [2019] ZAECGHC 109 (15 October 2019)

Court
Eastern Cape High Court, Grahamstown
Case number
39/2018
Judge
M Roberson

The court held that the order of the court a quo was not appealable as it did not have an immediate and substantial effect, nor did it cause serious, immediate, ongoing, or irreparable harm. The reinstatement and suspension of expulsion were temporary measures pending the outcome of the applicant's appeal, and no finding was made on the merits of the appeal. The interpretation of the party's Code supported the applicant's entitlement to procedural rights, and the first respondent acted prematurely by not affording her a hearing in terms of Clause D.25. The grounds raised by the respondent reg…

Source excerpt

  • Leave To Appeal
  • Internal Party Discipline
  • Interpretation Of Party Code
  • Vacation Of Office
  • Municipal Structures Act
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Administrative Law [2015] ZAEC 3

MEC Co-operative Governance, Human Settlements and Traditional Affairs, Northern Cape v Independent Electoral Commission and Others (007/14)

MEC Co-operative Governance, Human Settlements and Traditional Affairs, Northern Cape v Independent Electoral Commission and Others (007/14) [2015] ZAEC 3 (13 May 2015)

Court
Electoral Court
Case number
007/14
Judges
J B Z Shongwe, Moshidi, Ms Pather

The court held that the mere appearance of Councillor Jonas's name on the EFF candidate list did not constitute membership of the EFF. Membership of a political party is a voluntary act requiring choice and acceptance, not an automatic consequence of nomination. Jonas denied membership in both correspondence and affidavit, and no factual evidence was presented to prove otherwise. The applicant failed to establish that Jonas became a member of the EFF, and therefore no vacancy arose in terms of s 27(f)(ii) of the Municipal Structures Act. The Electoral Commission's refusal to call a by-electio…

Source excerpt

  • Municipal Structures Act
  • Vacation Of Office
  • Political Membership
  • Electoral Review
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Administrative Law [2009] ZASCA 139

African National Congress v Municipal Manager, George Local Municipality and Others (550/2008)

African National Congress v Municipal Manager, George Local Municipality and Others (550/2008) [2009] ZASCA 139; [2010] 2 All SA 108 (SCA) ; (2010) 31 ILJ 69 (SCA) ; [2010] 3 BLLR 221 (SCA) (17 November 2009)

Court
Supreme Court of Appeal
Case number
550/2008
Judges
MPATI, BRAND, MLAMBO, MAYA, BOSIELO

The court held that for a municipal councillor's resignation to be effective under section 27(a) of the Municipal Structures Act, the written notice must be communicated to the mind of the intended recipient. Mere delivery of a sealed resignation letter to the municipal manager does not suffice if the manager does not read it and is not made aware of its contents. The legislature deliberately departed from the previous statutory regime, which required only receipt, and now requires actual communication. Since the municipal manager did not read the letter and was not informed of its contents,…

Source excerpt

  • Municipal Structures Act
  • Resignation Of Councillor
  • Administrative Action Review
  • Vacation Of Office
  • By Election Procedure
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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.