South Africa Case Law

Lu v Minister of Home Affairs and Another (2023-034681)

Lu v Minister of Home Affairs and Another (2023-034681) [2025] ZAGPPHC 181 (26 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023-034681

Judge

Mlambo

The court found that the Minister's decision to refuse to uplift the applicant's status as a prohibited person was administrative action reviewable under PAJA. The Minister failed to consider relevant factors, including the applicant's innocence, his long-standing lawful residence, family circumstances, and the risk to his minor child's status. The respondents did not provide sufficient evidence of fraud or conduct a proper investigation. The Minister's reasons merely mirrored those of the Director-General and did not demonstrate meaningful consideration of the applicant's representations. Th…

Source excerpt

• Immigration Act Section 29
• Promotion Of Administrative Justice Act
• Judicial Review
• Good Cause Requirement
• Childs Best Interests
• Ministerial Discretion

S v Buthelezi (350/2024)

S v Buthelezi (350/2024) [2024] ZAKZPHC 79; 2024 (2) SACR 542 (KZP) (6 September 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

350/2024

Judges

M G Chetty, E Bezuidenhout

The magistrate misdirected himself by imposing a sentence of three years' direct imprisonment for petty theft without adequately considering alternative sentences or the accused's personal circumstances, including her role as primary caregiver to a minor child. The sentence was disproportionate, overemphasized previous convictions, and failed to balance the interests of justice, society, and the offender. The magistrate neglected to give sufficient, independent, and informed attention to the impact of imprisonment on the accused's child, contrary to constitutional and case law requirements. T…

Source excerpt

• Sentencing Principles
• Childs Best Interests
• Firearms Control Act
• Shoplifting
• Magistrates Review
• Suspended Sentence

Board of Governors of the Mitchell House School and Others v T.K.M obo K.K and Y.K.K.M (68/2023)

Board of Governors of the Mitchell House School and Others v T.K.M obo K.K and Y.K.K.M (68/2023) [2023] ZALMPPHC 14 (20 March 2023)

Court

Limpopo High Court, Polokwane

Case number

68/2023

Judge

Mdhluli R.P

Leave to appeal against an interim order was dismissed. The court held the child’s best interests and right to education outweighed the applicants’ appeal grounds.

• Leave To Appeal
• Interim Order
• Childs Best Interests
• Right To Education
• Enrolment Contracts
• Leave-to-appeal

M v T and Another (4756/2015)

M v T and Another (4756/2015) [2016] ZAFSHC 227 (9 December 2016)

Court

Free State High Court, Bloemfontein

Case number

4756/2015

Judge

Mhlambi

The court refused to change a child’s primary residence, finding that a move would not serve her best interests and ordering counselling and shared parental responsibilities.

• Primary Residence
• Parental Responsibilities
• Childs Best Interests
• Counselling Orders
• Care And Contact
• Primary-residence