South Africa Case Law

Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others (8684/2024)

Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others (8684/2024) [2025] ZAWCHC 202 (15 May 2025)

Court

Western Cape High Court, Cape Town

Case number

8684/2024

Judges

J Cloete, L Nuku, S Kholong

The court found that the impugned provisions of the Refugees Act and its regulations create a threshold barrier that requires asylum seekers to justify procedural non-compliance before their applications can be assessed on the merits. This mechanism unjustifiably limits the right to non-refoulement, which is absolute under both domestic and international law, and undermines the constitutional rights of children by tying their fate to the procedural compliance of their parents. The court held that the discretion afforded to immigration and refugee status determination officers is unguided and…

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• Non Refoulement
• Refugees Act
• Children S Rights
• International Law Obligations
• Procedural Exclusion
• Constitutional Invalidity

African Climate Alliance and Others v Minister of Mineral Resources and Energy and Others (56907/2021)

African Climate Alliance and Others v Minister of Mineral Resources and Energy and Others (56907/2021) [2024] ZAGPPHC 1271 (4 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

56907/2021

Judge

van der Westhuizen

The court found that the decisions to procure 1500 megawatts of new coal-fired power under the IRP 2019, the Minister's determination, and NERSA's concurrence were reviewable under the principle of legality and, in the case of NERSA, under PAJA. The respondents failed to provide evidence that adequate consideration was given to the environmental and health impacts on children and future generations, as required by sections 24 and 28 of the Constitution. Public participation was found to be inadequate, particularly regarding the material change in the 2019 IRP. The respondents did not discharg…

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• Bill Of Rights Limitation
• Public Participation
• Promotion Of Administrative Justice Act
• Integrated Resource Plan
• Ministerial Policy Review
• Children S Rights

I.F.H (Nee V.Z) and Another v Minister of Home Affairs and Another (2023-100855)

I.F.H (Nee V.Z) and Another v Minister of Home Affairs and Another (2023-100855) [2024] ZAGPPHC 993 (27 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023-100855

Judge

Mnisi

The High Court ordered Home Affairs to register a Tanzanian-born adopted child’s birth, grant naturalisation, and issue identity documents.

• Citizenship By Naturalization
• Late Registration Of Birth
• Statelessness
• Children S Rights
• Administrative Delay
• Constitutional Entitlements

KB & Another v Minister of Social Development (462/23)

KB & Another v Minister of Social Development (462/23) [2024] ZASCA 54; 2024 (5) SA 30 (SCA) (19 April 2024)

Court

Supreme Court of Appeal

Case number

462/23

Judges

Mokgohloa, Mothle, Mabindla-Boqwana, Kgoele, Bloem

The Supreme Court of Appeal held that section 294 of the Children’s Act is constitutionally valid and dismissed an appeal about a genetically linked sibling in surrogacy.

• Surrogacy
• Children S Rights
• Genetic Link Requirement
• Reading In Remedy
• Best Interests Of Child
• Childrens-rights

Tjale N.O obo N.B v Road Accident Fund (2313/2022)

Tjale N.O obo N.B v Road Accident Fund (2313/2022) [2024] ZALMPPHC 44 (12 April 2024)

Court

Limpopo High Court, Polokwane

Case number

2313/2022

Judge

C Marais

High Court award for a minor’s future loss of earnings against the Road Accident Fund, with damages protected by a trust and costs awarded.

• Road Accident Fund Act
• Curator Ad Litem Appointment
• Future Loss Of Earnings
• Contingency Deduction
• Children S Rights
• Special Trust Creation

Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others (CCT 51/23)

Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others (CCT 51/23) [2023] ZACC 45; 2024 (4) BCLR 592 (CC); 2024 (3) SA 330 (CC) (12 December 2023)

Court

Constitutional Court

Case number

CCT 51/23

Judges

Zondo CJ, Maya DCJ, Kollapen J, Mathopo J, Mhlantla J, Rogers J, Schippers AJ, Theron J, Tshiqi J, Van Zyl AJ

The Constitutional Court held that subsections 22(12) and 22(13) of the Refugees Act are unconstitutional. These provisions automatically deem asylum applications abandoned if visas are not renewed within one month, regardless of merit, and preclude re-application, resulting in treatment as illegal foreigners subject to deportation. The process disregards the principle of non-refoulement, which protects asylum seekers from return to countries where they may face persecution, and is enshrined in international law and the Refugees Act. The impugned subsections infringe the rights to dignity, ju…

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• Refugees Act
• Non Refoulement
• Right To Dignity
• Children S Rights
• Just Administrative Action
• Irrationality

S v CNP (Special Review) (CA & R 31/2023)

S v CNP (Special Review) (CA & R 31/2023) [2023] ZANCHC 64 (5 October 2023)

Court

Northern Cape High Court, Kimberley

Case number

CA & R 31/2023

Judges

Phatshoane, Mamosebo

The High Court reviewed and replaced a child offender’s sentence after finding the magistrate’s order incompetent and insufficiently specific under the Child Justice Act.

• Child Justice Act
• Sentencing Of Children
• Compulsory Residence Order
• Rehabilitation Programmes
• Review Of Magistrates Court
• Children S Rights

N.S obo A.S v Member of the Executive Council for the Department of Health Eastern Cape Province (2782/2019)

N.S obo A.S v Member of the Executive Council for the Department of Health Eastern Cape Province (2782/2019) [2023] ZAECMHC 35 (4 July 2023)

Court

Eastern Cape High Court, Mthatha

Case number

2782/2019

Judge

Notyesi

High Court urgency and Rule 34A interim payment case. The court ordered the defendant to pay R3.2 million for a minor child's immediate needs.

• Interim Payment
• Medical Negligence
• Children S Rights
• Urgent Application
• Quantum Of Damages
• Interim-payment

Helen Suzman Foundation and Another v Minister of Home Affairs and Others

Helen Suzman Foundation and Another v Minister of Home Affairs and Others [2023] ZAGPPHC 490; 32323/2022 (28 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

32323/2022

The court found that the Minister's decision to terminate the ZEP programme was procedurally unfair and irrational under PAJA and the principle of legality. The decision was taken without prior notice or consultation with affected ZEP-holders, civil society, or the public, despite the far-reaching consequences for over 178,000 individuals and their families. The Minister failed to consider the impact of the decision on ZEP-holders and their children, and did not provide adequate factual or policy justification for the termination. The purported justifications, including improved conditions in…

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• Promotion Of Administrative Justice Act
• Procedural Fairness
• Bill Of Rights Limitation
• Immigration Exemptions
• Children S Rights

D.D.K v R.M.B.D.K & Van Aswegen NO (2022/6381)

D.D.K v R.M.B.D.K & Van Aswegen NO (2022/6381) [2023] ZAGPJHC 382 (26 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/6381

Judge

Sarita Liebenberg

The High Court refused to remove a curatrix ad litem, finding no misconduct or incompetence and ordering a Family Advocate investigation into the child’s best interests.

• Curator Ad Litem Removal
• Children S Rights
• Best Interests Of Child
• Parental Responsibilities
• Child Participation
• Care And Contact