Johnson and Others v Minister of Home Affairs and Others; InRe: Delorie and Others v Minister of Home Affairs and Another (10310/2014, 10452/2014) [2014] ZAWCHC 101 (30 June 2014)

Johnson and Others v Minister of Home Affairs and Others; InRe: Delorie and Others v Minister of Home Affairs and Another (10310/2014, 10452/2014) [2014] ZAWCHC 101 (30 June 2014)

The court found both applications urgent due to the immediate and serious harm caused by enforced family separation and the impact on young children. The Western Cape High Court has jurisdiction because the applicants are domiciled in Cape Town and the adverse effects of the administrative actions are experienced there. The requirements for interim interdictory relief were satisfied: applicants established a prima facie right to challenge the lawfulness of the regulations, directive, and declarations of undesirability; they face irreparable harm if relief is not granted; the balance of convenience favours granting relief; and no satisfactory alternative remedy is available, as internal...

Citation
[2014] ZAWCHC 101
Parties
Applicant: Brent Dereck Johnson; Applicant: Louise Henrikson Egedal-Johnson; Applicant: Samuel Barry Egedal-Johnson; Applicant: Cherene Therese Delorie; Applicant: David Ross Henderson; Applicant: Dylan Jourdan Henderson; Applicant: Logan Jed Henderson; Respondent: Minister of Home Affairs; Respondent: Director-General, Home Affairs; Respondent: Millicent Motsi; Respondent: Martin Jansen
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
30 June 2014
Case Number
10310/2014, 10452/2014
Procedural Posture
Urgent Application / Interim Interdict Pending Judicial Review
Outcome
Interim relief granted: Directive 9/2014 and declarations of undesirability suspended pending outcome of internal appeals and judicial review; applicants permitted to re-enter and remain in South Africa subject to reasonable conditions; no costs order at this stage.
Judges
N J Yekiso
Legal Topics
Immigration Act, Undesirability Declaration, Interim Interdict, Jurisdiction of High Court, Family Separation, Internal Remedies
Administrative Law Constitutional Law Civil Procedure Immigration Act Undesirability Declaration Interim Interdict Jurisdiction of High Court Family Separation +1 more

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Parties

Brent Dereck Johnson

Applicant

Louise Henrikson Egedal-Johnson

Applicant

Samuel Barry Egedal-Johnson

Applicant

Cherene Therese Delorie

Applicant

David Ross Henderson

Applicant

Dylan Jourdan Henderson

Applicant

Logan Jed Henderson

Applicant

Minister of Home Affairs

Respondent

Director-General, Home Affairs

Respondent

Millicent Motsi

Respondent

Martin Jansen

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Judicial Review

Legal Issues

  1. 1 Whether the applicants have established urgency for interim relief pending judicial review.
  2. 2 Whether this court has jurisdiction to adjudicate the applications given the location of the executive offices.
  3. 3 Whether the requirements for interim interdictory relief are satisfied.

Ratio Decidendi

The court found both applications urgent due to the immediate and serious harm caused by enforced family separation and the impact on young children. The Western Cape High Court has jurisdiction because the applicants are domiciled in Cape Town and the adverse effects of the administrative actions are experienced there. The requirements for interim interdictory relief were satisfied: applicants established a prima facie right to challenge the lawfulness of the regulations, directive, and declarations of undesirability; they face irreparable harm if relief is not granted; the balance of convenience favours granting relief; and no satisfactory alternative remedy is available, as internal...

Court Disposition

Interim relief granted: Directive 9/2014 and declarations of undesirability suspended pending outcome of internal appeals and judicial review; applicants permitted to re-enter and remain in South Africa subject to reasonable conditions; no costs order at this stage.

Orders

  • This matter is declared urgent and condonation for non-compliance with time periods is granted.
  • Directive 9/2014 issued on 24 May 2014 is suspended vis a vis the second applicant in both applications pending final outcome.