L and Another v Minister of Home Affairs and Others (2014/22434) [2014] ZAGPJHC 336; 2015 (4) SA 197 (GJ); [2015] 1 All SA 335 (GJ) (18 November 2014)

L and Another v Minister of Home Affairs and Others (2014/22434) [2014] ZAGPJHC 336; 2015 (4) SA 197 (GJ); [2015] 1 All SA 335 (GJ) (18 November 2014)

The High Court found that Cathay Pacific Airways Ltd, through its local staff and agents, was in contempt of urgent court orders issued to prevent the deportation of the applicants' minor children. The court held that notification of the orders to the airline's staff constituted notification to the airline itself, and that the refusal to comply was wilful and mala fide, given the clear constitutional and statutory protections for children and the binding nature of court orders. The court rejected Cathay Pacific's arguments regarding lack of jurisdiction and the alleged nullity of the orders, confirming that foreign companies conducting business in South Africa are subject to the...

Citation
[2014] ZAGPJHC 336
Parties
Applicant: H. L.; Applicant: R. W.; Respondent: Minister of Home Affairs - Mr Gigaba; Respondent: Department of Home Affairs - Mkuseli Apleni; Respondent: Cathay Pacific Airways Ltd; Respondent: ARM-Analytic Management; Respondent: ACSA-Airports Company South Africa
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 November 2014
Case Number
2014/22434
Procedural Posture
Urgent Application / Contempt and Review Application Following Urgent Interdicts
Outcome
Cathay Pacific Airways Ltd and Ms Shirley Jones were found in contempt of court for wilfully failing to comply with urgent orders to prevent the deportation of minor children and to return them to South Africa. The counter-application to set aside the orders was dismissed. Fines and punitive costs were imposed, with...
Judges
Spilg, Wright
Legal Topics
Contempt of Court, Jurisdiction Over Foreign Entities, Childrens Rights, Immigration Act, Best Interests of Child, Interdicts
Civil Procedure Constitutional Law Family and Children Contempt of Court Jurisdiction Over Foreign Entities Childrens Rights Immigration Act Best Interests of Child +1 more

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Parties

H. L.

Applicant

R. W.

Applicant

Minister of Home Affairs - Mr Gigaba

Respondent

Department of Home Affairs - Mkuseli Apleni

Respondent

Cathay Pacific Airways Ltd

Respondent

ARM-Analytic Management

Respondent

ACSA-Airports Company South Africa

Respondent

Procedural Posture

Urgent Application / Contempt and Review Application Following Urgent Interdicts

Legal Issues

  1. 1 Whether Cathay Pacific and its officials were in contempt of court orders preventing the deportation of minor children.
  2. 2 Whether the High Court had jurisdiction to issue interdicts against a foreign airline and its local agents.
  3. 3 Whether the actions of the Department of Home Affairs and Cathay Pacific violated the constitutional rights and best interests of the children.

Ratio Decidendi

The High Court found that Cathay Pacific Airways Ltd, through its local staff and agents, was in contempt of urgent court orders issued to prevent the deportation of the applicants' minor children. The court held that notification of the orders to the airline's staff constituted notification to the airline itself, and that the refusal to comply was wilful and mala fide, given the clear constitutional and statutory protections for children and the binding nature of court orders. The court rejected Cathay Pacific's arguments regarding lack of jurisdiction and the alleged nullity of the orders, confirming that foreign companies conducting business in South Africa are subject to the...

Court Disposition

Cathay Pacific Airways Ltd and Ms Shirley Jones were found in contempt of court for wilfully failing to comply with urgent orders to prevent the deportation of minor children and to return them to South Africa. The counter-application to set aside the orders was dismissed. Fines and punitive costs were imposed, with...

Orders

  • Cathay Pacific Airways Ltd is held in contempt of the court orders granted on 26 July and 28 July 2014 for boarding the applicants' children and failing to return them as ordered.
  • Ms Shirley Jones is held in contempt of the court orders for failing to ensure compliance and the return of the children.