Buthelezi and Another v Minister of Home Affairs and Others (242/12) [2012] ZASCA 174; 2013 (3) SA 325 (SCA) (29 November 2012)

Buthelezi and Another v Minister of Home Affairs and Others (242/12) [2012] ZASCA 174; 2013 (3) SA 325 (SCA) (29 November 2012)

The Supreme Court of Appeal found that the Minister of Home Affairs was not obliged to grant the visa applications simply because the applicants were not prohibited or undesirable persons; the Minister retained discretion. However, the evidence showed that the Minister and officials deliberately procrastinated in making a decision on the visa applications for the Dalai Lama and his entourage, despite being aware of the diplomatic sensitivities and having sufficient time to process the applications. The delay was not justified by the need for further compliance or consultation, and amounted to unreasonable delay. The Minister's conduct was therefore unlawful under administrative law, and...

Citation
[2012] ZASCA 174
Parties
Appellant: Prince Mangosuthu Gatsa Buthelezi; Appellant: Mosiuoa Lekota; Respondent: Minister of Home Affairs; Respondent: Director-General of the Department of Home Affairs; Respondent: Minister of International Relations and Cooperation; Respondent: Department of International Relations and Cooperation
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 November 2012
Case Number
242/12
Procedural Posture
Civil Appeal / Appeal From Western Cape High Court, Cape Town
Outcome
Appeal upheld with costs, including costs of two counsel. The order of the court below is set aside and substituted with declaratory relief.
Judges
Nugent, Heher, Tshiqi, Wallis, Mbha
Legal Topics
Unreasonable Delay, Visa Application, Ministerial Discretion, Judicial Review
Administrative Law Civil Procedure Unreasonable Delay Visa Application Ministerial Discretion Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

Prince Mangosuthu Gatsa Buthelezi

Appellant

Mosiuoa Lekota

Appellant

Minister of Home Affairs

Respondent

Director-General of the Department of Home Affairs

Respondent

Minister of International Relations and Cooperation

Respondent

Department of International Relations and Cooperation

Respondent

Procedural Posture

Civil Appeal / Appeal From Western Cape High Court, Cape Town

Legal Issues

  1. 1 Whether the Minister of Home Affairs was obliged to grant the visa applications for the Dalai Lama and his entourage.
  2. 2 Whether the Minister unreasonably delayed her decision regarding the visa applications.
  3. 3 Whether the delay constituted unlawful conduct under administrative law.

Ratio Decidendi

The Supreme Court of Appeal found that the Minister of Home Affairs was not obliged to grant the visa applications simply because the applicants were not prohibited or undesirable persons; the Minister retained discretion. However, the evidence showed that the Minister and officials deliberately procrastinated in making a decision on the visa applications for the Dalai Lama and his entourage, despite being aware of the diplomatic sensitivities and having sufficient time to process the applications. The delay was not justified by the need for further compliance or consultation, and amounted to unreasonable delay. The Minister's conduct was therefore unlawful under administrative law, and...

Court Disposition

Appeal upheld with costs, including costs of two counsel. The order of the court below is set aside and substituted with declaratory relief.

Orders

  • It is declared that the First Respondent unreasonably delayed her decision whether to grant or withhold the visas relevant to this case and in so doing acted unlawfully.
  • The respondents are to pay the costs of the applicants, including the costs of two counsel.