South Africa Case Law

Sitrusrand Boerdery (Pty) Ltd v Minister of Employment and Labour and Others (097109/2023)

Sitrusrand Boerdery (Pty) Ltd v Minister of Employment and Labour and Others (097109/2023) [2025] ZAGPPHC 758 (22 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

097109/2023

Judge

Kekana

Review dismissed: the court held that the Department properly refused a corporate visa recommendation because local skills were available and the process was fair.

• Promotion Of Administrative Justice Act
• Corporate Visa
• Immigration Act
• Procedural Fairness
• Rationality Review
• Corporate-visa

Ngiriyabandi v Border Management Authority of South Africa and Others (2025/013010)

Ngiriyabandi v Border Management Authority of South Africa and Others (2025/013010) [2025] ZAWCHC 222 (27 May 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/013010

Judge

Nuku

The High Court dismissed an urgent application to set aside a refusal of entry, holding that administrative action cannot be undone by interdict without review proceedings.

• Interdict
• Administrative Action
• Internal Appeal
• Immigration Act
• Review Proceedings
• Administrative-law

M.K v Minister of Home Affairs (2025-046181)

M.K v Minister of Home Affairs (2025-046181) [2025] ZAGPPHC 468 (11 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-046181

Judge

GN Moshoana

The court held that it is not empowered to suspend a Form 23 notice issued in the exercise of statutory power under the Immigration Act, absent a judicial review. The applicant's entitlement to an asylum permit expired upon rejection of his asylum claim and appeal; thus, the court cannot order the extension of a non-existent permit. The applicant failed to demonstrate a clear right to a final interdict, as a pending review application does not constitute a protectable right. The rights of the minor children were not properly pleaded or substantiated in the papers, and there was no evidence th…

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• Immigration Act
• Refugees Act
• Interim Interdict
• Judicial Review
• Statutory Powers
• Urgent Application

Ramphodidi v S (CAP 07/2022)

Ramphodidi v S (CAP 07/2022) [2025] ZANWHC 33 (3 February 2025)

Court

North West High Court, Mafikeng

Case number

CAP 07/2022

Judges

FMM Reid, JT Djaje

The court found that the evidence presented at trial supported the convictions on all charges, and there were no reasonable prospects of success on appeal against conviction. However, the sentences imposed by the trial court deviated from the legislatively prescribed minimum sentences based on substantial and compelling circumstances, and the total effective sentence of 40 years for two counts of rape warranted further scrutiny on appeal. The court also noted serious administrative deficiencies in the Registrar's office, which caused an unreasonable delay in the processing of the petition, an…

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• Rape
• Minimum Sentences
• Immigration Act
• Leave To Appeal
• Administrative Delay

Adebayo and Another v Minister of Home Affairs and Another (2024-027220)

Adebayo and Another v Minister of Home Affairs and Another (2024-027220) [2025] ZAGPPHC 34 (20 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-027220

Judge

E van der Schyff

The High Court dismissed an application for mandamus restoring a permanent residence permit and identity document, finding the applicant had alternative remedies under immigration and review law.

• Mandamus
• Internal Remedies
• Immigration Act
• Promotion Of Administrative Justice Act
• Internal-remedies
• Immigration-law

Sattar and Others v Minister of Home Affairs and Another (144037/2024)

Sattar and Others v Minister of Home Affairs and Another (144037/2024) [2025] ZAWCHC 5 (9 January 2025)

Court

Western Cape High Court, Cape Town

Case number

144037/2024

Judge

Andrews

The court found that the applicants, despite delays and procedural irregularities, have a prima facie right to apply for asylum under the Refugees Act. The principle of non-refoulement, enshrined in both domestic and international law, protects them from deportation until their asylum applications are determined. The Form 23 notices were issued without affording the applicants the required interview to show good cause for their illegal entry or stay, as mandated by section 21(1B) of the Refugees Amendment Act and Regulation 8. The delay in expressing intention to seek asylum does not disquali…

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• Refugees Act
• Non Refoulement
• Urgent Interdict
• Immigration Act
• Right To Freedom And Security
• Good Cause Requirement

Paul v Minister of Home Affairs and Others (2024/120786)

Paul v Minister of Home Affairs and Others (2024/120786) [2024] ZAGPJHC 1319 (13 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/120786

Judge

D. Mahosi

The court held that the applicant’s mere expression of intention to apply for asylum does not entitle him to release from detention. His arrest and detention for contravention of section 49(1)(a) of the Immigration Act are lawful and do not violate the non-refoulement principle in section 2 of the Refugees Act. The applicant must first show good cause for his illegal entry and stay, as required by section 21(1B) of the Refugees Act and Regulation 8(3). Only if he succeeds and lodges an asylum application may he be issued with an asylum seeker visa, which would then entitle him to remain in So…

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• Refugees Act
• Non Refoulement
• Unlawful Detention
• Urgent Interdict
• Immigration Act
• Judicial Review

E.M v Minister of Home Affairs and Others (3153/2024)

E.M v Minister of Home Affairs and Others (3153/2024) [2024] ZAECMHC 65 (27 August 2024)

Court

Eastern Cape High Court, Mthatha

Case number

3153/2024

Judge

Zono AJ

Urgent asylum and release application dismissed; the court held existing magistrates’ detention orders remained binding, and statutory requirements for asylum relief were unmet.

• Refugees Act
• Immigration Act
• Jurisdiction Of Magistrates Court
• Interdict Requirements
• Doctrine Of Legality
• Forum Shopping

Simba v Minister of Police (80/2021)

Simba v Minister of Police (80/2021) [2024] ZANCHC 69; 2024 (2) SACR 430 (NCK) (26 July 2024)

Court

Northern Cape High Court, Kimberley

Case number

80/2021

Judge

Mamosebo

The High Court held that the plaintiff’s arrest and detention were lawful because officials had reasonable grounds to believe he lacked valid immigration status.

• Wrongful Arrest
• Unlawful Detention
• Immigration Act
• Onus Of Proof
• Arrest Without Warrant
• Wrongful-arrest

Helen Suzman Foundation and Another v Minister of Home Affairs and Others (32323/2022)

Helen Suzman Foundation and Another v Minister of Home Affairs and Others (32323/2022) [2023] ZAGPPHC 1896 (6 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

32323/2022

Judges

C Collis, G Malindi, M Motha

The court dismissed an application for declaratory enforcement, holding that its earlier interim ZEP order was not final and was already protected by section 18(2).

• Interim Enforcement
• Declaratory Relief
• Immigration Act
• Superior Courts Act
• Bill Of Rights Protection
• Interim-enforcement