South Africa Case Law

Abrahams N.O and Others v Geldenhuys N.O and Others (Reasons) (2025/001463)

Abrahams N.O and Others v Geldenhuys N.O and Others (Reasons) (2025/001463) [2025] ZAWCHC 78; [2025] 2 All SA 388 (WCC) (5 March 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/001463

Judge

P. S. Van Zyl

The High Court held that club members seeking access to squash facilities were asserting contractual rights, not possessory rights, so mandament van spolie relief was unavailable.

• Mandament Van Spolie
• Voluntary Association
• Contractual Rights
• Specific Performance
• Possession Vs Access
• Mandament-van-spolie

Luvalo v South African Youth Council and Others (38907/2019)

Luvalo v South African Youth Council and Others (38907/2019) [2019] ZAGPJHC 519 (10 December 2019)

Court

South Gauteng High Court, Johannesburg

Case number

38907/2019

Judge

Molahlehi

The High Court dismissed an urgent bid to reinstate the SAYC secretary-general, finding no urgency, no irreparable harm, and an adequate remedy in due course.

• Urgent Interdict
• Voluntary Association
• Contractual Membership
• Procedural Irregularity
• Urgent-interdict
• Voluntary-association

Church of God and Saints of Christ and Another v Church of God and Saints of Christ - Stone of truth (Cradock/Bishop Seyibhokhwe Group) and Another (3977/17)

Church of God and Saints of Christ and Another v Church of God and Saints of Christ - Stone of truth (Cradock/Bishop Seyibhokhwe Group) and Another (3977/17) [2018] ZAECGHC 65 (7 August 2018)

Court

Eastern Cape High Court, Grahamstown

Case number

3977/17

Judge

Beneke

The High Court dismissed a church property application after finding that neither the church nor the bishop proved authority to litigate under the church constitution.

• Locus Standi
• Voluntary Association
• Church Property Dispute
• Locus-standi
• Voluntary-association
• Church-property-dispute

Fransman v Shabangu and Others (22690/16)

Fransman v Shabangu and Others (22690/16) [2016] ZAWCHC 189 (9 December 2016)

Court

Western Cape High Court, Cape Town

Case number

22690/16

Judge

Le Grange

The court dismissed Marius Fransman’s urgent bid for ANC documents, holding that he should first exhaust the ANC’s internal appeal and review remedies.

• Interdictory Relief
• Internal Remedies
• Voluntary Association
• Review Of Decision
• Jurisdiction
• Costs Order

La Lucia Sands Share Block Ltd v Flexi Holiday Club and Others (171/11)

La Lucia Sands Share Block Ltd v Flexi Holiday Club and Others (171/11) [2012] ZASCA 53; [2012] 3 All SA 49 (SCA) (30 March 2012)

Court

Supreme Court of Appeal

Case number

171/11

Judges

MPATI, HEHER, MALAN, BORUCHOWITZ, NDITA

The Supreme Court of Appeal held that the central question was whether the club was formed or carried on for the purpose of conducting a business that has for its object the acquisition of gain by either the club or its individual members. The court found that the club’s constitution expressly provided that its object was to acquire holiday property for the use and enjoyment of its members, and not for the acquisition of gain. The club did not trade in its properties, nor did it operate with the intention of selling properties for profit. The revaluation of properties and allocation of points…

Source excerpt

• Companies Act Section 30
• Companies Act Section 31
• Locus Standi
• Voluntary Association
• Time Share Scheme

Mcoyi and Others v Inkatha Freedom Party, Mgwaza-Msibi v Inkatha Freedom Party (5449/2010, 8622/2010)

Mcoyi and Others v Inkatha Freedom Party, Mgwaza-Msibi v Inkatha Freedom Party (5449/2010, 8622/2010) [2011] ZAKZPHC 1; 2011 (4) SA 298 (KZP) (17 January 2011)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5449/2010, 8622/2010

Judge

Patel

The High Court dismissed two applications challenging IFP expulsions and party disciplinary steps, holding the National Council remained effective and no conferencedemand right was shown.

• Voluntary Association
• Expulsion Of Members
• Interpretation Of Constitution
• Disciplinary Proceedings
• Implied Terms
• Elective Conference

Regskommissaris van die Christelike Evangelie Sendingkerk van Suid-Afrika v Daniels (5361/2008)

Regskommissaris van die Christelike Evangelie Sendingkerk van Suid-Afrika v Daniels (5361/2008) [2009] ZAWCHC 99 (19 June 2009)

Court

Western Cape High Court, Cape Town

Case number

5361/2008

Judge

Schippers

The court dismissed an urgent interdict application over church leadership, finding the applicants lacked locus standi and that material disputes of fact could not be resolved on affidavit.

• Locus Standi
• Interdict
• Church Governance
• Voluntary Association
• Internal Dispute Resolution
• Locus-standi

Free Baptist Church v Hephzebah and Others (12497/04)

Free Baptist Church v Hephzebah and Others (12497/04) [2004] ZAGPHC 34 (27 October 2004)

Court

High Courts - Gauteng

Case number

12497/04

Judge

Willis

The court held that a church property registered in 1985 belonged to the applicant, finding the respondents were a breakaway congregation and the title reference was descriptive.

• Ownership Dispute
• Title Deed Registration
• Voluntary Association
• Church Property
• Church-property
• Title-deed-registration