South Africa Case Law

M.A.M and Another v Director-General: Home Affairs and Another (23987/2024)

M.A.M and Another v Director-General: Home Affairs and Another (23987/2024) [2025] ZAWCHC 226 (29 May 2025)

Court

Western Cape High Court, Cape Town

Case number

23987/2024

Judge

Da Silva Salie

The Court found that the reasons provided by the RSDO for rejecting the First Applicant's asylum application were unintelligible, internally contradictory, and factually incoherent. The RSDO accepted the criminalisation of homosexuality and the applicant's prior conviction and imprisonment, yet dismissed the credibility of his fear of future persecution. The reasoning failed to engage with the applicant's circumstances, disregarded objective country conditions, and did not reference relevant international materials. The RSDO's decision reflected a profound misunderstanding of the legal standa…

Source excerpt

• Promotion Of Administrative Justice Act
• Refugees Act
• Exceptional Circumstances Exemption
• Intelligibility Of Administrative Decision
• Lgbtqia Rights
• Judicial Review

Genesis Medical Scheme v Ngalwana N.O. and Others (2639/2011)

Genesis Medical Scheme v Ngalwana N.O. and Others (2639/2011) [2013] ZAGPPHC 546 (11 November 2013)

Court

North Gauteng High Court, Pretoria

Case number

2639/2011

Judge

C Pretorius

High Court held that Genesis Medical Scheme had to exhaust the Appeal Board remedy under PAJA before review, and dismissed its exemption and strike-out applications.

• Exhaustion Of Internal Remedies
• Procedural Fairness
• Promotion Of Administrative Justice Act
• Medical Schemes Act
• Exceptional Circumstances Exemption
• Administrative-law