Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
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.
Mahinga v Minister of Home Affairs and Another (1027/2020) [2021] ZASCA 179 (17 December 2021)
The Supreme Court of Appeal upheld the revocation of citizenship, finding the certificate of naturalisation was obtained through fraud, false representation, or concealment of material fact.
Nwafor v Minister of Home Affairs and Others (1363/2019) [2021] ZASCA 58 (12 May 2021)
The Supreme Court of Appeal found that the applicant failed to establish reasonable prospects of success on appeal against the High Court's dismissal of his review application. The deprivation of citizenship was not arbitrary or unlawful, as the applicant was afforded adequate notice and an opportunity to make representations in terms of PAJA. The Minister's delegation of authority to the Director General was lawful under s 22 of the Citizenship Act. The applicant's wife and children were not parties to the litigation, and their deprivation of citizenship was not properly raised or substantia…
Source excerpt
Chisuse and Others v Director-General, Department of Home Affairs and Another (CCT155/19) [2020] ZACC 20; 2020 (10) BCLR 1173 (CC); 2020 (6) SA 14 (CC) (22 July 2020)
The Constitutional Court interpreted South African citizenship provisions to preserve citizenship by birth for people born to a South African parent, and declined to confirm invalidity.
Nwafor v Minister of Home Affairs and Others (66844/2016) [2019] ZAGPPHC 260 (27 June 2019)
The court found that the Minister acted lawfully under section 8 of the South African Citizenship Act in depriving the applicant of citizenship, as the statute expressly empowers the Minister to do so if satisfied that the certificate was obtained by fraud or false representation. The delegation argument was dismissed because section 22 allows delegation except for powers not relevant to deprivation of citizenship. The Oudekraal principle was found inapplicable because the Act authorises the Minister to act without first seeking a court order to set aside the underlying certificates. The appl…
Source excerpt
Mahinga v Minister of Home Affairs and Another (49604/2016) [2017] ZAGPPHC 1157 (8 September 2017)
The court found that the Minister's decision to revoke the applicant's citizenship was not substantiated by verified facts or documentary evidence. The Department of Home Affairs failed to investigate the bona fides of the applicant's marriage at the relevant time and relied on circumstantial evidence that did not prove fraud or false representation. The lack of original records and reliance on inadmissible secondary evidence undermined the procedural and substantive fairness of the decision. The Minister's approach was irrational, as it concentrated on unverified factors and failed to apply…
Source excerpt
Explore more
