South Africa Case Law

Z A and Others v Minister of Home Affairs and Others (40089/2019)

Z A and Others v Minister of Home Affairs and Others (40089/2019) [2019] ZAGPJHC 526 (29 November 2019)

Court

South Gauteng High Court, Johannesburg

Case number

40089/2019

Judge

Molahlehi

The court found that the applicants, upon arrest and through their attorneys, indicated their intention to apply for asylum. The respondents failed to justify the continued detention, as the regulatory framework of the Refugees Act requires release and issuance of a temporary permit once such intention is communicated. The court held that disclosure of grounds for persecution is not required in public court documents due to confidentiality provisions, and that the responsibility for investigating such grounds lies with the Refugee Reception Officer during the asylum process. The applicants' d…

Source excerpt

• Refugees Act
• Unlawful Detention
• Asylum Seekers
• Section 22 Permit
• Constitutional Right To Freedom
• Regulation 2 2

Cheba and Others v Minister of Police and Others (520/2018)

Cheba and Others v Minister of Police and Others (520/2018) [2018] ZALMPPHC 6 (13 February 2018)

Court

Limpopo High Court, Polokwane

Case number

520/2018

Judge

D Nair

Ethiopian applicants sought release from safe care and asylum permits, but the High Court held their detention should proceed under trafficking legislation, with compliance directives.

• Human Trafficking
• Asylum Seekers
• Detention Without Trial
• Visitor Visa
• Constitutional Rights
• Refugee Status

Ersumo v Minister of Home Affairs and Others (69/2012)

Ersumo v Minister of Home Affairs and Others (69/2012) [2012] ZASCA 31; 2012 (4) SA 581 (SCA); [2012] 3 All SA 119 (SCA) (28 March 2012)

Court

Supreme Court of Appeal

Case number

69/2012

Judges

Mthiyane, Nugent, Majiedt, Wallis, Ndita

The Supreme Court of Appeal held that an illegal foreigner who indicates an intention to seek asylum is entitled to an asylum transit permit and Refugees Act protection.

• Refugees Act
• Immigration Act
• Asylum Seekers
• Detention And Deportation
• Regulation 2 2
• Unlawful Arrest

Shabangu v Minister of Home Affairs and Others (49231/10)

Shabangu v Minister of Home Affairs and Others (49231/10) [2010] ZAGPJHC 146 (10 December 2010)

Court

South Gauteng High Court, Johannesburg

Case number

49231/10

Judge

Epstein

The court held that the applicant's immigration detention became unlawful after 30 days without a warrant and ordered his immediate release.

• Unlawful Detention
• Immigration Act
• Refugees Act
• Asylum Seekers
• Deportation
• Detention Periods