When we think of disciplinary hearings, we tend to picture the workplace: an employer, an employee and a body of law developed to hold the two in a fair process. Yet the demands of fairness are not confined to the conditions of employment. In Divine Life Society of South Africa and Others v Avinash Parshotam (107/2025) [2026] ZASCA 89 (24 June 2026), the Supreme Court of Appeal (SCA) confirmed that the principles of natural justice may govern the disciplinary proceedings of a voluntary association even where no employment relationship exists.
- In Divine Life Society of South Africa and Others v Avinash Parshotam (107/2025) [2026] ZASCA 89 (24 June 2026), the Supreme Court of Appeal confirmed that the principles of natural justice may govern the disciplinary proceedings of a voluntary association even where no employment relationship exists.
- As the decisions were not taken in conformity with natural justice, they were reviewed and set aside, the appeal failed, and the eviction relief could not be entertained.
The judgment is significant because the relationship it examines is not one of employment. The appellant organisation is a voluntary religious association, and the respondent member a devotee who had renounced worldly life to live within its community. The court’s reasoning nonetheless tracks the familiar architecture of disciplinary fairness, holding that a private body’s power to expel a member is reviewable where it fails to accord with fundamental principles...
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