South Africa Case Law

Ashebo v Minister of Home Affairs and Others (CCT 250/22)

Ashebo v Minister of Home Affairs and Others (CCT 250/22) [2023] ZACC 16; 2023 (5) SA 382 (CC); 2024 (2) BCLR 217 (CC) (12 June 2023)

Court

Constitutional Court

Case number

CCT 250/22

Judges

Maya DCJ, Kollapen J, Madlanga J, Majiedt J, Makgoka AJ, Mathopo J, Potterill AJ, Rogers J, Theron J

The Constitutional Court held that the applicant, an illegal foreigner who expressed an intention to apply for asylum, must be afforded an opportunity to do so, in line with the principle of non-refoulement and established precedent. Delay in expressing intention does not bar access to the asylum process, though it may affect credibility, which is for the Refugee Status Determination Officer to assess. The legislative amendments do not override the constitutional and international obligations to protect asylum seekers. The applicant's continued detention, without reasonable steps taken by the…

Source excerpt

• Non Refoulement
• Illegal Foreigner Detention
• Refugee Status Determination
• Section 12 Rights
• Refugees Act Interpretation
• Immigration Act Application

City of Cape Town v Balus and Others (21616/19)

City of Cape Town v Balus and Others (21616/19) [2020] ZAWCHC 22 (17 March 2020)

Court

Western Cape High Court, Cape Town

Case number

21616/19

Judge

D.M. Thulare

The court confirmed a rule nisi against protestors occupying Cape Town streets, held the City could seek civil contempt relief, and made no costs order.

• Municipal By Laws Enforcement
• Refugees And Asylum Seekers
• Civil Contempt
• Judicial Oversight
• Immigration Act Application
• Bill Of Rights Protection

Guidione v Minister of Safety And Security (2008/37480)

Guidione v Minister of Safety And Security (2008/37480) [2015] ZAGPJHC 110 (11 June 2015)

Court

South Gauteng High Court, Johannesburg

Case number

2008/37480

Judge

T D Vilakazi

The High Court held that the plaintiff was unlawfully arrested, detained, and assaulted by police, awarding R75,000 in damages and magistrates’ scale costs.

• Unlawful Arrest
• Unlawful Detention
• Assault By Police
• Quantum Of Damages
• Immigration Act Application
• Unlawful-arrest