Weng and Others v Minister of Home Affairs (633/99) [2003] ZANWHC 42 (31 July 2003)

Weng and Others v Minister of Home Affairs (633/99) [2003] ZANWHC 42 (31 July 2003)

The North West High Court, Mafikeng, does not have jurisdiction to entertain the applicants' review and interdict application. The permits in question were issued by the former Ciskeian Government, and the applicants reside in Rustenburg, both of which fall outside the territorial jurisdiction of this court. The administrative decisions and powers relevant to the relief sought are exercised from Pretoria. The alleged meeting at Tlhabane Sun occurred after the applicants had already submitted to the jurisdiction of the Rustenburg Magistrate's Court and cannot establish jurisdiction for this court. As a result, the point in limine raised by the respondent is upheld, and the court declines...

Citation
[2003] ZANWHC 42
Parties
Applicant: Weng, Yu Hua; Applicant: Weng, Aihe; Applicant: Weng, Aifa; Applicant: Lin, Jiaojiao; Applicant: Weng, Nenhe; Respondent: Minister of Home Affairs
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
31 July 2003
Case Number
633/99
Procedural Posture
Review Application / First Instance Judgment
Outcome
Application dismissed with costs due to lack of jurisdiction.
Judges
R.D. Hendricks
Legal Topics
Jurisdiction, Permanent Residence Permits, Aliens Control Act, Review of Administrative Action
Administrative Law Civil Procedure Jurisdiction Permanent Residence Permits Aliens Control Act Review of Administrative Action

Case Brief

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Parties

Weng, Yu Hua

Applicant

Weng, Aihe

Applicant

Weng, Aifa

Applicant

Lin, Jiaojiao

Applicant

Weng, Nenhe

Applicant

Minister of Home Affairs

Respondent

Procedural Posture

Review Application / First Instance Judgment

Legal Issues

  1. 1 Does the North West High Court, Mafikeng, have jurisdiction to entertain the review and interdict application regarding permanent residence permits issued by the former Ciskeian Government?
  2. 2 Are the actions and decisions of the Minister of Home Affairs regarding the applicants' permits subject to review by this court?
  3. 3 Can the applicants establish jurisdiction based on alleged meetings with officials within the court's area?

Ratio Decidendi

The North West High Court, Mafikeng, does not have jurisdiction to entertain the applicants' review and interdict application. The permits in question were issued by the former Ciskeian Government, and the applicants reside in Rustenburg, both of which fall outside the territorial jurisdiction of this court. The administrative decisions and powers relevant to the relief sought are exercised from Pretoria. The alleged meeting at Tlhabane Sun occurred after the applicants had already submitted to the jurisdiction of the Rustenburg Magistrate's Court and cannot establish jurisdiction for this court. As a result, the point in limine raised by the respondent is upheld, and the court declines...

Court Disposition

Application dismissed with costs due to lack of jurisdiction.

Orders

  • The application is dismissed with costs.