South Africa Case Law

Richards and Others v Rabie and Others (11872/2022)

Richards and Others v Rabie and Others (11872/2022) [2024] ZAWCHC 408; [2025] 1 All SA 487 (WCC) (2 December 2024)

Court

Western Cape High Court, Cape Town

Case number

11872/2022

Judge

A Bhoopchand

The Court found that the Board meetings held on 22 June 2022 and 16 November 2022 were invalid because the Board was not properly constituted under clause 8.2 of the 2017 Constitution, which requires at least two spiritual leaders from KCI-UK. The orders of Willie J did not override this constitutional requirement; they merely declared the identity of Board members at specific dates and did not alter the qualification criteria. The Board had a duty to appoint a further spiritual leader from KCI-UK before conducting any business or amending the constitution. The amendments adopted at the inval…

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• Voluntary Association Governance
• Board Composition
• Constitutional Interpretation
• Invalid Meeting
• Appointment Of Board Members

Malik v South Africa Chapter of the Bricks Business Council and Others (Leave to Appeal) (2022/6731)

Malik v South Africa Chapter of the Bricks Business Council and Others (Leave to Appeal) (2022/6731) [2024] ZAGPJHC 1026 (7 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/6731

Judge

H Louw

The High Court dismissed leave to appeal, finding no reasonable prospect of success on arguments about invalid removal, PAJA reviewability, or delay.

• Leave To Appeal Test
• Promotion Of Administrative Justice Act
• Ultra Vires Decision
• Delay In Review
• Voluntary Association Governance
• Leave-to-appeal

Malik v South Africa Chapter of the Bricks Business Council and Others (2022/6731)

Malik v South Africa Chapter of the Bricks Business Council and Others (2022/6731) [2024] ZAGPJHC 520 (24 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/6731

Judge

Louw H

The court found that the applicant's review application was instituted after an unreasonable delay, exceeding the 180-day period prescribed by PAJA, without any request for condonation or extension. The SABBC is an unincorporated voluntary association, not created by statute, and its decisions do not constitute administrative action under PAJA. The applicant was afforded more procedural fairness than contractually required, and the process followed by the SABBC was not unlawful or inconsistent with its Terms of Reference. The requirement for Ministerial consent in clause 4.3.2 was not applica…

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• Promotion Of Administrative Justice Act
• Ultra Vires Decision
• Unreasonable Delay
• Procedural Fairness
• Voluntary Association Governance

Governing Body: Apostolic Faith Mission Ngwelezane Assembly v Ndlovu and Others (4025/2017)

Governing Body: Apostolic Faith Mission Ngwelezane Assembly v Ndlovu and Others (4025/2017) [2023] ZAKZDHC 53 (10 August 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

4025/2017

Judge

Mossop

The court held that a self-created interim church committee had no constitutional authority to expel a pastor, control church affairs, or operate church bank accounts.

• Voluntary Association Governance
• Church Constitution Interpretation
• Expulsion Of Pastor
• Internal Grievance Procedure
• Bank Account Control
• Unconstitutional Committee

Machingwane v National African Federated Chamber of Commerce and Industry and Another (25906/2020)

Machingwane v National African Federated Chamber of Commerce and Industry and Another (25906/2020) [2022] ZAGPJHC 461 (11 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

25906/2020

Judge

Mahomed

The High Court refused leave to appeal against an interim interdict restraining the applicant from posing as NAFCOC president and ordered costs.

• Interim Interdict
• Leave To Appeal
• Voluntary Association Governance
• Interest Of Justice
• Hearsay Evidence
• Balance Of Convenience

NTEU obo Moeketsi v CCMA and Others (25906/2020)

NTEU obo Moeketsi v CCMA and Others (25906/2020) [2022] ZAGPJHC 226 (19 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

25906/2020

Judge

Mahomed

The court found that Mosena was lawfully elected as President of NAFCOC at the meeting of 31 July 2019, and the respondent's application to set aside the meeting was dismissed with costs. The respondent's continued portrayal of himself as President causes reputational harm and confusion within NAFCOC and its partners. The applicants demonstrated a prima facie right to the relief sought, a reasonable apprehension of irreparable harm, and that the balance of convenience favours granting the interim interdict. There is no alternative remedy, as internal attempts to resolve the dispute failed and…

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• Interim Interdict
• Authority To Institute Proceedings
• Voluntary Association Governance
• Prima Facie Right
• Irreparable Harm

Richards and Another v Rabie and Others (9530/2021)

Richards and Another v Rabie and Others (9530/2021) [2021] ZAWCHC 214 (27 October 2021)

Court

Western Cape High Court, Cape Town

Case number

9530/2021

Judge

E D Wille

The court dismissed an interdict application and held that the respondents remained board members of a church through unanimous assent and defective removal.

• Voluntary Association Governance
• Board Membership Dispute
• Doctrine Of Unanimous Assent
• Interdictory Relief
• Declaratory Order
• Voluntary-association-governance

Dutch Reformed Church in Africa Free State and Lesotho v Dibane and Others (4815/2020)

Dutch Reformed Church in Africa Free State and Lesotho v Dibane and Others (4815/2020) [2021] ZAFSHC 174 (22 August 2021)

Court

Free State High Court, Bloemfontein

Case number

4815/2020

Judge

Mbhele

The High Court granted an interdict against respondents who formed a purported new church synod without following the Church Order, but refused relief over church buildings.

• Final Interdict
• Voluntary Association Governance
• Church Order
• Condonation
• Use Of Name And Letterhead
• Final-interdict

Moloi and Others v Maduna and Others (2140/2018)

Moloi and Others v Maduna and Others (2140/2018) [2019] ZAFSHC 226 (28 November 2019)

Court

Free State High Court, Bloemfontein

Case number

2140/2018

Judge

JP Daffue

The court set aside a church member’s termination and the suspension and expulsion of four applicants, finding the disciplinary process unlawful under the church constitution.

• Voluntary Association Governance
• Internal Remedies Exhaustion
• Church Constitution
• Disciplinary Procedure
• Domestic Remedies
• Unlawful Suspension And Expulsion

Pan Africanist Congress of Azania v Moloto (46162/2019)

Pan Africanist Congress of Azania v Moloto (46162/2019) [2019] ZAGPPHC 304 (12 July 2019)

Court

North Gauteng High Court, Pretoria

Case number

46162/2019

Judge

A Millar

The court set aside the PAC president’s unilateral use of emergency powers, holding there was no genuine emergency and that rationality applied.

• Voluntary Association Governance
• Constitutional Interpretation
• Rationality Review
• Emergency Powers
• Internal Party Democracy
• Voluntary-association-governance