Macingwane v Masekwameng and Others

NAFCOC, a voluntary association governed by a written constitution, adopted a resolution of no confidence in its President, Mr Sabelo Vusumzi Macingwane, at a Council meeting held on 31 July 2019 at its head office. The meeting was convened by the National Chairperson of Provinces (NCP) after notice, and a quorum of Council members unanimously supported the motion, resulting in the appellant’s removal as President. The appellant challenged the validity of the meeting and the resolution, arguing that the NCP lacked authority under clause 28.4.4 of the NAFCOC Constitution to convene a special Council meeting for his removal, and that the meeting contravened an earlier High Court order regulating meetings. The Gauteng Division of the High Court dismissed his application, and he appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, and the appellant’s removal as President of NAFCOC was confirmed as lawful.

The case affirms the application of the Endumeni interpretive approach to the constitutions of voluntary associations and clarifies that courts will give effect to the ordinary grammatical meaning of constitutional provisions unless this produces absurdity. It underscores democratic accountability within voluntary associations and confirms that constitutional amendments empowering multiple office bearers to convene meetings will be interpreted purposively to prevent abuse of power by incumbents.