Aakiji and Others v Minister of Home Affairs and Others (2013/21797, 2013/21796, 2013/21799) [2013] ZAGPJHC 268 (3 October 2013)

Aakiji and Others v Minister of Home Affairs and Others (2013/21797, 2013/21796, 2013/21799) [2013] ZAGPJHC 268 (3 October 2013)

The court found that the applicants' affidavits contained serious and material contradictions regarding the facts of their detention and the circumstances of their entry into South Africa. The applicants failed to explain the discrepancies between their previous and current affidavits and did not disclose the outcome of their prior application. The urgency of the matter was lost when the previous application was withdrawn, and the present applications constituted an abuse of the urgent court process. The conduct of the applicants and their attorneys was dishonest and aimed at obtaining relief without proper opposition. The court dismissed the application of Aakiji Wasim with costs de...

Citation
[2013] ZAGPJHC 268
Parties
Applicant: Aakiji Wasim; Applicant: Alfaj Uddin; Applicant: Arman Babu Faruk; Respondent: Minister of Home Affairs; Respondent: Director General, Department of Home Affairs; Respondent: Bosasa (Pty) Ltd t/a Leading Prospects Trading
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
3 October 2013
Case Number
2013/21797, 2013/21796, 2013/21799
Procedural Posture
Urgent Application / Application for Urgent Relief; Hearing and Disposition
Outcome
Application of Aakiji Wasim dismissed with costs de bonis propriis against his attorneys; applications of Alfaj Uddin and Arman Babu Faruk withdrawn with no order as to costs.
Judges
M A Makume
Legal Topics
Unlawful Detention, Urgent Application Abuse, Costs De Bonis Propriis, Constitutional Rights of Foreign Nationals
Civil Procedure Constitutional Law Unlawful Detention Urgent Application Abuse Costs De Bonis Propriis Constitutional Rights of Foreign Nationals

Case Brief

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Parties

Aakiji Wasim

Applicant

Alfaj Uddin

Applicant

Arman Babu Faruk

Applicant

Minister of Home Affairs

Respondent

Director General, Department of Home Affairs

Respondent

Bosasa (Pty) Ltd t/a Leading Prospects Trading

Respondent

Procedural Posture

Urgent Application / Application for Urgent Relief; Hearing and Disposition

Legal Issues

  1. 1 Whether the continued detention of the applicants at Lindela is unlawful and unconstitutional.
  2. 2 Whether the applications before the urgent court were an abuse of process.
  3. 3 Whether the applicants and their attorneys acted dishonestly in the presentation of their cases.

Ratio Decidendi

The court found that the applicants' affidavits contained serious and material contradictions regarding the facts of their detention and the circumstances of their entry into South Africa. The applicants failed to explain the discrepancies between their previous and current affidavits and did not disclose the outcome of their prior application. The urgency of the matter was lost when the previous application was withdrawn, and the present applications constituted an abuse of the urgent court process. The conduct of the applicants and their attorneys was dishonest and aimed at obtaining relief without proper opposition. The court dismissed the application of Aakiji Wasim with costs de...

Court Disposition

Application of Aakiji Wasim dismissed with costs de bonis propriis against his attorneys; applications of Alfaj Uddin and Arman Babu Faruk withdrawn with no order as to costs.

Orders

  • The application of Aakiji Wasim (Case No 2013/21797) is dismissed.
  • Applicant's attorneys are ordered to pay costs on an attorney and client scale de bonis propriis.