Voluntary associations and the Constitution: Eastern Province Athletics Association v Association of Athletics SA

Abstract

From text: The relationship between a voluntary association and its members inter se is regarded as consensual in nature, and the constitution of each particular association governs the relationship between the parties. Our courts have held that voluntary associations, especially when taking quasi-judicial decisions, are subject to judicial review. The courts were only prepared to exercise their common law power of review where the provisions of the relevant constitution, or the principles of natural justice, were not adhered to, and such irregularity actually prejudiced the applicant. Instances of judicial review of quasi-judicial decisions of voluntary associations normally stem from disciplinary action taken by a tribunal of the association against one or more of its members. The party aggrieved by the decision of the voluntary association is therefore usually a member of that association.