South Africa Case Law

Muduviwa and Others v Minister of Home Affairs and Another (18971/2021)

Muduviwa and Others v Minister of Home Affairs and Another (18971/2021) [2023] ZAGPPHC 1586; [2023] 4 All SA 211 (GP) (14 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

18971/2021

Judge

De Beer

The High Court set aside Home Affairs’ blocking of identity documents, reinstated the applicants on the population register, and declared their children South African citizens.

• Promotion Of Administrative Justice Act
• Citizenship Determination
• Population Register
• Ultra Vires Administrative Action
• Procedural Fairness
• Administrative-law

Muduviwa and Others v Minister of Home Affairs and Another

Muduviwa and Others v Minister of Home Affairs and Another [2023] ZAGPPHC 566; 18971/2021 (14 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

18971/2021

Judge

De Beer

The court found that the respondents' decision to block and suspend the applicants' identity documents was invalid, ultra vires, and procedurally unfair. The respondents failed to provide statutory or factual justification for their actions and did not afford the applicants an opportunity to be heard. The children, born in South Africa while the applicants held identity documents, are entitled to South African citizenship. The respondents' version consisted mainly of bare denials and did not create a genuine dispute of fact. Given the delay, lack of proper investigation, and the foregone conc…

Source excerpt

• Promotion Of Administrative Justice Act
• Citizenship Determination
• Population Register
• Ultra Vires Administrative Action
• Procedural Fairness
• Remedies For Unlawful Administration

Ndwandwe v Minister of Home Affairs and Others (31253/18)

Ndwandwe v Minister of Home Affairs and Others (31253/18) [2022] ZAGPPHC 547 (19 July 2022)

Court

North Gauteng High Court, Pretoria

Case number

31253/18

Judge

V M Nqumse

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.

• Promotion Of Administrative Justice Act
• Immigration Act
• Citizenship Determination
• Procedural Fairness
• Review Of Administrative Action
• Administrative-law