Adebayo and Another v Minister of Home Affairs and Another (2024-027220) [2025] ZAGPPHC 34 (20 January 2025)

Adebayo and Another v Minister of Home Affairs and Another (2024-027220) [2025] ZAGPPHC 34 (20 January 2025)

The application for a mandamus fails because the applicant did not exhaust the internal remedies provided by the Immigration Act nor did he pursue a review application under the Promotion of Administrative Justice Act. The applicant did not demonstrate that no alternative legal remedy was available. The court cannot permit a review to be brought under the guise of a mandamus. Consequently, the requirements for a mandamus are not satisfied and the application must be dismissed.

Citation
[2025] ZAGPPHC 34
Parties
Applicant: Charles Oladipupo Adebayo; Applicant: Dorah Kedibone Vukela; Respondent: Minister of Home Affairs; Respondent: Director General Home Affairs
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 January 2025
Case Number
2024-027220
Procedural Posture
Urgent Application / Opposed Motion Court; Final Relief Sought
Outcome
Application dismissed; each party to bear its own costs.
Judges
E van der Schyff
Legal Topics
Mandamus, Internal Remedies, Immigration Act, Promotion of Administrative Justice Act
Administrative Law Civil Procedure Mandamus Internal Remedies Immigration Act Promotion of Administrative Justice Act

Case Brief

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Parties

Charles Oladipupo Adebayo

Applicant

Dorah Kedibone Vukela

Applicant

Minister of Home Affairs

Respondent

Director General Home Affairs

Respondent

Procedural Posture

Urgent Application / Opposed Motion Court; Final Relief Sought

Legal Issues

  1. 1 Whether the Department of Home Affairs unlawfully revoked the applicant's permanent residence permit and identity document.
  2. 2 Whether the applicant is entitled to a mandamus restoring his permanent residence permit and identity document.
  3. 3 Whether the applicant exhausted internal remedies or has no alternative legal remedy available.

Ratio Decidendi

The application for a mandamus fails because the applicant did not exhaust the internal remedies provided by the Immigration Act nor did he pursue a review application under the Promotion of Administrative Justice Act. The applicant did not demonstrate that no alternative legal remedy was available. The court cannot permit a review to be brought under the guise of a mandamus. Consequently, the requirements for a mandamus are not satisfied and the application must be dismissed.

Court Disposition

Application dismissed; each party to bear its own costs.

Orders

  • The application is dismissed.
  • Each party is to carry its own costs.