Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Administrative Law [2011] ZAGPJHC 128

Havard and Another v Minister of Home Affairs and Others (33431/2011)

Havard and Another v Minister of Home Affairs and Others (33431/2011) [2011] ZAGPJHC 128 (30 September 2011)

Court
South Gauteng High Court, Johannesburg
Case number
33431/2011
Judge
W L Wepener

The court held that the applicant was not entitled to judicial review of the decision declaring him an illegal foreigner prior to exhausting the internal remedy provided by section 8(2)(a) of the Immigration Act. The applicant failed to demonstrate exceptional circumstances justifying bypassing the internal review process. The evidence presented by the applicant regarding his documentation and entry into South Africa was contradictory, incomplete, and in some respects appeared fraudulent. The statutory scheme requires that the Minister be given the opportunity to review such decisions before…

Source excerpt

  • Immigration Act Review
  • Exhaustion Of Internal Remedies
  • Illegal Foreigner Determination
  • Urgent Interdict
  • Promotion Of Administrative Justice Act
Read case analysis
Administrative Law [2008] ZAGPHC 212

Abraham and Another v Minister of Home Affairs (12515/2008)

Abraham and Another v Minister of Home Affairs (12515/2008) [2008] ZAGPHC 212 (4 July 2008)

Court
High Courts - Gauteng
Case number
12515/2008
Judge
Makhafola K

The court found that the Applicants were illegal foreigners in possession of fraudulent temporary residence permits and had contravened the Immigration Act by taking employment while on visitor's permits without authorisation. The procedures followed by the Department of Home Affairs, including the decisions of the immigration officer, Director-General, and Minister, complied with the requirements of the Immigration Act and PAJA. The Applicants did not apply for exemption under Section 31, and the facts of the Littlewood case were distinguishable. The Minister's administrative action was lawf…

Source excerpt

  • Immigration Act Review
  • Procedural Fairness
  • Illegal Foreigner Determination
  • Exemption Application
  • Fraudulent Documentation
Read case analysis

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.