Littlewood and Others v Minister of Home Affairs and Another (160/2004) [2005] ZASCA 10; 2006 (3) SA 474 (SCA) (22 March 2005)

Littlewood and Others v Minister of Home Affairs and Another (160/2004) [2005] ZASCA 10; 2006 (3) SA 474 (SCA) (22 March 2005)

The Supreme Court of Appeal found that the Minister of Home Affairs failed to apply his mind to the central question of whether 'special circumstances' existed that justified granting an exemption under section 28(2) of the Aliens Control Act. The Minister's decision was based solely on the possession of fraudulent permits and departmental non-responsibility, without weighing the appellants' explanation or considering the circumstances that led to their predicament. This amounted to a failure to exercise the discretion conferred by the Act, rendering the decision reviewable and liable to be set aside. The proper course was to remit the matter to the Minister for reconsideration, rather...

Citation
[2005] ZASCA 10
Parties
Appellant: Nicholas Carl Stewart Littlewood; Appellant: Heather Littlewood; Appellant: Emma Louise Littlewood; Appellant: Nichola Kate Littlewood; Respondent: Minister of Home Affairs; Respondent: Director-General of the Department of Home Affairs
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
22 March 2005
Case Number
160/2004
Procedural Posture
Review Application / Appeal From High Court to Supreme Court of Appeal
Outcome
Appeal upheld; Minister's decision set aside; matter remitted for reconsideration; costs awarded to appellants.
Judges
Howie, Navsa, Mthiyane, Nugent, Ponnan
Legal Topics
Ministerial Discretion, Aliens Control Act, Judicial Review, Special Circumstances, Procedural Fairness
Administrative Law Ministerial Discretion Aliens Control Act Judicial Review Special Circumstances Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Nicholas Carl Stewart Littlewood

Appellant

Heather Littlewood

Appellant

Emma Louise Littlewood

Appellant

Nichola Kate Littlewood

Appellant

Minister of Home Affairs

Respondent

Director-General of the Department of Home Affairs

Respondent

Procedural Posture

Review Application / Appeal From High Court to Supreme Court of Appeal

Legal Issues

  1. 1 Whether the Minister of Home Affairs properly exercised his discretion under section 28(2) of the Aliens Control Act to exempt the appellants from section 23.
  2. 2 Whether the Minister failed to consider whether 'special circumstances' existed justifying exemption.
  3. 3 Whether the decision was lawful, reasonable, and procedurally fair.

Ratio Decidendi

The Supreme Court of Appeal found that the Minister of Home Affairs failed to apply his mind to the central question of whether 'special circumstances' existed that justified granting an exemption under section 28(2) of the Aliens Control Act. The Minister's decision was based solely on the possession of fraudulent permits and departmental non-responsibility, without weighing the appellants' explanation or considering the circumstances that led to their predicament. This amounted to a failure to exercise the discretion conferred by the Act, rendering the decision reviewable and liable to be set aside. The proper course was to remit the matter to the Minister for reconsideration, rather...

Court Disposition

Appeal upheld; Minister's decision set aside; matter remitted for reconsideration; costs awarded to appellants.

Orders

  • The Minister's decision is set aside.
  • The application for exemption, supplemented by any required information, is remitted to the Minister for reconsideration.