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South Africa Case Law

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Constitutional Law [2019] ZACC 1

Mulowayi and Others v Minister of Home Affairs and Another (CCT249/18)

Mulowayi and Others v Minister of Home Affairs and Another (CCT249/18) [2019] ZACC 1; 2019 (4) BCLR 496 (CC) (29 January 2019)

Court
Constitutional Court
Case number
CCT 249/18
Judges
Mogoeng, Basson, Cameron, Dlodlo, Froneman, Goliath, Khampepe, Mhlantla, Petse, Theron

The Constitutional Court held that declarations of invalidity concerning regulations are not subject to confirmation by the Court. The High Court erred in suspending its declaration of invalidity of regulation 3(2)(a), as such suspension is unnecessary and perpetuates the applicants' statelessness. The regulation was ultra vires the empowering statute, which prescribes a five-year residency requirement, not ten years. The applicants are entitled to effective relief, and the suspension order must be set aside. Condonation and leave to appeal were granted in the interests of justice, given the…

Source excerpt

  • Citizenship By Naturalisation
  • Ultra Vires Regulation
  • Statelessness
  • Child Rights
  • Promotion Of Administrative Justice Act
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Constitutional Law [2018] ZASCA 169

Minister of Home Affairs v Ali and Others (1289/17)

Minister of Home Affairs v Ali and Others (1289/17) [2018] ZASCA 169; 2019 (2) SA 396 (SCA) (30 November 2018)

Court
Supreme Court of Appeal
Case number
1289/17
Judges
Lewis, Seriti, Wallis, Mathopo, Molemela

Section 4(3) of the Citizenship Amendment Act 17 of 2010 is not retrospective in the legal sense and applies to all persons who meet its requirements, regardless of whether they were born before or after 1 January 2013. The Minister's interpretation was incorrect and unjustifiably excluded eligible applicants. The failure to promulgate regulations cannot be used to deny applicants their constitutional rights. The High Court's order requiring acceptance of applications on affidavit was remedial, necessary, and did not encroach upon the separation of powers, as it left the content of regulation…

Source excerpt

  • Citizenship By Naturalisation
  • Retrospective Application
  • Separation Of Powers
  • Constitutional Rights
  • Regulations Promulgation
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.