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South Africa decisions
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K.K.S N.O v Director-General of Home Affairs (59209/2021) [2025] ZAGPPHC 134 (7 February 2025)
The High Court dismissed a contempt application against the Director-General of Home Affairs, finding the delay in complying with a passport and birth-certificate order was not shown to be wilful or mala fide.
Ndlovu and Another v Director General: Department of Home Affairs and Another [2023] ZAGPPHC 551; 81327/2017 (11 July 2023)
The court set aside Home Affairs decisions declaring a citizen an illegal immigrant, holding the officials lacked authority and acted unfairly.
Democratic Alliance v Minister of Home Affairs and Another (67/2022) [2023] ZASCA 97; 2023 (6) SA 156 (SCA) (13 June 2023)
Section 6(1)(a) of the South African Citizenship Act 88 of 1995 is irrational and constitutionally invalid. The provision causes automatic loss of citizenship without notice or legitimate government purpose, and the ministerial discretion under section 6(2) does not cure this irrationality. The Act permits dual citizenship elsewhere and provides for voluntary renunciation, rendering section 6(1)(a) arbitrary and redundant. The loss of citizenship under this section unjustifiably limits the right to citizenship and related constitutional rights, such as political participation, freedom of move…
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Akimpaye and Others v Minister Of Home Affairs and Others [2023] ZAGPPHC 239; 19551/2020 (11 April 2023)
The High Court dismissed a rescission application, finding the delay unexplained and the respondents’ defence to be bare legal conclusions.
Ndwandwe v Minister of Home Affairs and Others (31253/18) [2022] ZAGPPHC 547 (19 July 2022)
The High Court dismissed a review challenging a finding that the applicant was a Zimbabwean national and illegal foreigner, holding no PAJA ground was made out.
Democratic Alliance v Minister of Home Affairs and Others (48418/2018) [2021] ZAGPPHC 500 (6 August 2021)
The court held that section 6(1)(a) of the Citizenship Act does not violate the Constitution. The provision is rationally connected to the legitimate purpose of regulating citizenship and dual citizenship. The loss of citizenship under section 6(1)(a) is triggered by a voluntary and formal act by the citizen, and the Act provides a mechanism for retaining citizenship by application to the Minister. The distinction between deprivation and loss of citizenship is constitutionally significant; deprivation is prohibited, but loss is expressly permitted. The loss of citizenship does not constitute…
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M[....] and Another v Minister of Home Affairs and Another (26235/20) [2021] ZAGPPHC 318 (21 May 2021)
Leave to appeal was refused in a review concerning an unabridged death certificate and PAJA delay extension, with the court finding no prospect of success.
Minister of Home Affairs and Others v Jose and Another; In re Jose and Another v Minister of Home Affairs and Others (38981/17) [2019] ZAGPPHC 348 (12 August 2019)
Leave to appeal was granted only on whether the court could order the Minister to grant citizenship applications rather than merely consider them.
Nkosi v Minister of Home Affairs and Others (63708/2016) [2017] ZAGPPHC 1078 (18 December 2017)
The High Court upheld an exception to a plea, holding that the Immigration Act does not empower an officer to declare a citizen an illegal foreigner.
The exclusion of permanent residents from social grants on the basis of citizenship is inconsistent with the Constitution because section 27 protects access to social security for everyone, the discrimination is unfair and unjustifiable, and the appropriate remedy is to read in the words 'or permanent resident' after 'citizen'/'citizens' in the impugned provisions, including the not-yet-commenced section 4B(b)(ii).
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