The law concerning universitas, and the power of the courts to interfere in their affairs, is reproduced in BAMFORD's The Law of Partnerships and Voluntary Associations in South Africa, 3rd ed…, and restated in various cases such as Dynamos Football Club (Pvt) Ltd Anor v ZIFA ...
The law concerning universitas, and the power of the courts to interfere in their affairs, is reproduced in BAMFORD's The Law of Partnerships and Voluntary Associations in South Africa, 3rd ed…, and restated in various cases such as Dynamos Football Club (Pvt) Ltd & Anor v ZIFA & Ors 2006 (1) ZLR 346 (S)…,; Independent African Church v Maheya 1998 (1) ZLR 552 (H)…, and Independent African Church v Maheya 2000 (1) ZLR 39 (H).
It is that courts generally construe the Articles of Association or Constitution of voluntary associations strictly. Thus, any conduct which falls outside the strict requirements of the Constitution of a universitas would generally be adjudged to be invalid.
This is because the Articles constitute the primary documents in which the nature, manner, and scope of voluntary associations are reposed. It is also from these Articles that voluntary associations derive universal recognition by the courts.
