Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Commercial And Corporate [2022] ZASCA 174

Macingwane v Masekwameng and Others (626/2021)

Macingwane v Masekwameng and Others (626/2021) [2022] ZASCA 174 (7 December 2022)

Court
Supreme Court of Appeal
Case number
626/2021
Judges
Zondi, Van der Merwe, Molemela, Windell, Chetty

The Supreme Court of Appeal held that clause 28.4.4 of the NAFCOC Constitution, as amended in 2011, clearly empowers the President, any Chairperson of a Provincial Executive Committee, or the National Chairperson of Provinces, in consultation with the Executive Committee, to convene Council meetings. The appellant's proposed hierarchical interpretation was unsupported by the text, context, or purpose of the clause. The amendment was specifically intended to prevent a President from obstructing Council meetings. The meeting of 31 July 2019 at NAFCOC Head Office was lawfully convened, and the r…

Source excerpt

  • Voluntary Association Constitution
  • Interpretation Of Constitution
  • Removal Of Office Bearer
  • Motion Of No Confidence
  • Meeting Convening Authority
Read case analysis
Civil Procedure [2022] ZAKZPHC 14

African Independent Congress and Others v Ntshayisa and Others (1112/2021P)

African Independent Congress and Others v Ntshayisa and Others (1112/2021P) [2022] ZAKZPHC 14 (9 May 2022)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
1112/2021P
Judge
Mossop AJ

Neither the NEC nor the 'second interim structure' has constitutional legitimacy under the AIC's constitution. The NEC's term expired and was not validly extended or reconstituted according to the constitution, which only allows NEC election at a National Congress. The 'second interim structure' was not established by a constitutionally recognized process or by a majority of members. Both factions lack standing to represent the AIC or claim exclusive control over its affairs. The applications fail on the merits and, independently, neither meets the requirements for urgency under Uniform rule…

Source excerpt

  • Internal Party Governance
  • Voluntary Association Constitution
  • Standing
  • Urgent Application Requirements
Read case analysis

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.