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South Africa Case Law

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Civil Procedure [2024] ZAGPJHC 1223

Theletsane v Civic Centre Taxi Association and Others (2024/114933)

Theletsane v Civic Centre Taxi Association and Others (2024/114933) [2024] ZAGPJHC 1223 (26 November 2024)

The High Court dismissed an urgent spoliation application over taxi route access, holding that the applicant lacked locus standi and had not been in possession.

  • Mandament Van Spolie
  • Locus Standi
  • Taxi Route Rights
  • Voluntary Association Membership
  • Mandament-van-spolie
  • Locus-standi
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Commercial And Corporate [2022] ZAKZPHC 86

National African Federated Chambers Of Commerce and Industry - Kwazulu-Natal and Others v NAFCOC Kwazulu-Natal and Others (1591/20P)

National African Federated Chambers Of Commerce and Industry - Kwazulu-Natal and Others v NAFCOC Kwazulu-Natal and Others (1591/20P) [2022] ZAKZPHC 86 (15 December 2022)

The High Court dismissed rival claims over NAFCOC KZN, held the first respondent was the lawful KwaZulu-Natal affiliate, and granted counter-relief over trustee appointments.

  • Voluntary Association Membership
  • Trust Deed Interpretation
  • Affiliate Status
  • Interdictory Relief
  • Declaratory Relief
  • Voluntary-association-membership
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Civil Procedure [2017] ZAECMHC 26

Sibanda and Others Sterkspruit Civic Association (2522/2017)

Sibanda and Others Sterkspruit Civic Association (2522/2017) [2017] ZAECMHC 26 (25 July 2017)

The court found that the Sterkspruit Civic Association's constitution did not confer any power to expel members, either expressly or by necessary implication. The disciplinary committee and executive committee acted ultra vires in expelling the applicants and removing them from the party list and council positions. The applicants were denied a fair hearing and the opportunity to appeal to a valid constitutional body. The urgency of the application was justified by the timing of the actionable decision on 24 May 2017. The court held that the applicants were entitled to reinstatement of their m…

  • Voluntary Association Membership
  • Expulsion Of Members
  • Interdict
  • Internal Remedies
  • Municipal Councillor Removal
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Civil Procedure [2016] ZAECGHC 13

Wellem v Cathcart Residents Association and Another (2665/2014)

Wellem v Cathcart Residents Association and Another (2665/2014) [2016] ZAECGHC 13 (1 March 2016)

The court dismissed a review of an expulsion from a voluntary association, holding that the applicant waived his challenge by waiting nearly three years to act.

  • Voluntary Association Membership
  • Expulsion Of Members
  • Waiver Of Rights
  • Delay In Review Applications
  • Voluntary-association-membership
  • Expulsion-of-members
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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.