South Africa Case Law

GPCM v Minister of Home Affairs and Others (38909/2017)

GPCM v Minister of Home Affairs and Others (38909/2017) [2019] ZAGPPHC 156; 2020 (3) SA 434 (GP) (16 May 2019)

Court

North Gauteng High Court, Pretoria

Case number

38909/2017

Judge

Thobane

Urgent review of Home Affairs’ delay in altering a transgender applicant’s sex marker and issuing documents. The court held the failure to decide was reviewable and granted relief.

• Promotion Of Administrative Justice Act
• Alteration Of Sex Description Status Act
• Failure To Take Decision
• Exhaustion Of Internal Remedies
• Non Joinder
• Identity Documents

KOS and Others v Minister of Home Affairs and Others (2298/2017)

KOS and Others v Minister of Home Affairs and Others (2298/2017) [2017] ZAWCHC 90; [2017] 4 All SA 468 (WCC); 2017 (6) SA 588 (WCC) (6 September 2017)

Court

Western Cape High Court, Cape Town

Case number

2298/2017

Judge

Binns-Ward

The court held that the Department of Home Affairs' refusal to process applications for alteration of sex description under the Alteration Act for persons married under the Marriage Act was unlawful and unconstitutional. The Alteration Act does not require divorce or deregistration of marriages as a precondition for relief, and the Department's conduct infringed the applicants' rights to administrative justice, equality, and dignity. The legislative framework does not contain a lacuna preventing relief; the Department's reliance on public or religious sensitivities and alleged data system lim…

Source excerpt

• Alteration Of Sex Description Act
• Marriage Act
• Civil Union Act
• Administrative Justice
• Equality And Non Discrimination
• Identity Documents

Minister of Home Affairs v Maboho and Others (233/11)

Minister of Home Affairs v Maboho and Others (233/11) [2012] ZASCA 42 (29 March 2012)

Court

Supreme Court of Appeal

Case number

233/11

Judges

Cloete, Malan, Leach, Tshiqi, Plasket

The Supreme Court of Appeal held that the relief granted by the court a quo, which ordered the Minister to issue identity documents, was incompetent. The applicants had not established entitlement to identity documents under the relevant legislation, but had demonstrated unreasonable delay in the consideration of their applications. The proper remedy was a structural interdict requiring the Department of Home Affairs to consider the applications and report to the court, with judicial supervision to ensure compliance. The court set aside the original order and substituted it with an order requ…

Source excerpt

• Promotion Of Administrative Justice Act
• Structural Interdict
• Identity Documents
• Judicial Review
• Unreasonable Delay

Gondwe v Minister of Home Affairs and Others (197/2000)

Gondwe v Minister of Home Affairs and Others (197/2000) [2001] ZANWHC 6 (8 February 2001)

Court

North West High Court, Mafikeng

Case number

197/2000

Judge

Mogoeng

The court confirmed a rule nisi stopping deportation of an applicant whose South African citizenship had not been lawfully withdrawn, but refused to bar arrest or grant a citizenship declaration.

• Citizenship Deprivation
• Deportation
• Rule Nisi
• Identity Documents
• Citizenship-deprivation
• Rule-nisi