MEC for Health, Eastern Cape v Mkhitha and Another (1221 of 2015) [2016] ZASCA 176 (25 November 2016)

Civil Procedure – appeal – lawfulness of the respondents’ Provincial
Conference in the Free State in 2018 – whether the relevant audit requirements complied
with, prior to the Provincial Conference - whether the necessary Branch General Meetings
(BGMs) were held lawfully prior to the Provincial Conference – whether it was open to the
appellants to attack BGMs which were not affected by the Court order of 15 December
2017 – whether the court below was correct in its application of Plascon Evans rule –
whether the appellants established irregularities in light of the rebuttals by the
respondents in their answering affidavits.

Property law – spoliation (mandament van spolie) requirements – municipality dismantling and removing respondent’s billboard on municipal land – erected contrary to by-law – application to regularise billboard – settlement agreement – operative for two years – agreement lapsing – whether status quo ante should be restored