South Africa Case Law

Kingscott v Minister of Home Affairs and Another (Leave to Appeal) (034689/2023)

Kingscott v Minister of Home Affairs and Another (Leave to Appeal) (034689/2023) [2024] ZAGPPHC 1260 (5 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

034689/2023

Judge

Moshoana

The Court found that the applicant failed to meet the heightened test for leave to appeal as required by section 17 of the Superior Courts Act. The alleged error regarding the quotation of section 19(4) of the Immigration Act was not material to the Minister's decision, as the Minister did not rely on the contested text in making the administrative decision. The regulation in question did not reference 'candidate engineer,' and the Minister was not materially influenced by any error of law. The Biowatch principle was found not to apply automatically to all PAJA or legality reviews, and the ap…

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• Review Of Administrative Action
• Error Of Law
• Costs Award
• Biowatch Principle
• Immigration Act Interpretation

Ndlovu and Another v Director General: Department of Home Affairs and Another

Ndlovu and Another v Director General: Department of Home Affairs and Another [2023] ZAGPPHC 551; 81327/2017 (11 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

81327/2017

Judge

NN Bam

The court set aside Home Affairs decisions declaring a citizen an illegal immigrant, holding the officials lacked authority and acted unfairly.

• Review Of Administrative Action
• Procedural Fairness
• Deprivation Of Citizenship
• Immigration Act Interpretation
• Self Help By State
• Administrative-law

Mashi v Minister of Home Affairs and Others (51908/2021)

Mashi v Minister of Home Affairs and Others (51908/2021) [2021] ZAGPJHC 839 (30 December 2021)

Court

South Gauteng High Court, Johannesburg

Case number

51908/2021

Judge

Victor

The High Court interdicts the Home Affairs officials from deporting the applicant, finding he was denied a fair hearing before the departure notice was issued.

• Immigration Act Interpretation
• Procedural Fairness
• Right To A Fair Hearing
• Immigration-law
• Procedural-fairness
• Deportation

Rahim and Others v Minister of Home Affairs (2777/2010; 3707/2010)

Rahim and Others v Minister of Home Affairs (2777/2010; 3707/2010) [2013] ZAECPEHC 34 (9 July 2013)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2777/2010; 3707/2010

Judge

Chetty

The court found that the plaintiffs were illegal foreigners as their asylum applications had been rejected and their permits had lapsed. The places of detention, namely prisons and police cells, were valid under the Immigration Act and did not require specific designation by the Director-General. The conditions of detention did not violate the plaintiffs' fundamental rights, and the evidence of the defendant's witnesses regarding the standards of detention was accepted. The plaintiffs were notified of their rights as far as practicable, and the immigration officials exercised discretion in ar…

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• Unlawful Arrest
• Unlawful Detention
• Immigration Act Interpretation
• Refugees Act Permit Expiry
• Minimum Detention Standards

Buthelezi and Another v Minister of Home Affairs and Others (22071/2011)

Buthelezi and Another v Minister of Home Affairs and Others (22071/2011) [2012] ZAWCHC 3 (3 February 2012)

Court

Western Cape High Court, Cape Town

Case number

22071/2011

Judges

Baartman, Davis

The court found that the Dalai Lama withdrew his visa application and the events he intended to attend had already occurred. There was no evidence of a new, accepted invitation. Therefore, there was no longer a live controversy, rendering the matter moot. The court considered whether to exercise its discretion to hear the case despite mootness but concluded that any order would have no practical effect on the parties or others. The facts were unique to the Dalai Lama and did not raise broader legal issues requiring judicial intervention. The criteria for granting visas are well-established an…

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• Promotion Of Administrative Justice Act
• Delay In Administrative Action
• Mootness
• Constitutional Rights
• Immigration Act Interpretation

Minister of Home Affairs and Another v Aruforse (2010/1189)

Minister of Home Affairs and Another v Aruforse (2010/1189) [2010] ZAGPJHC 161 (2 February 2010)

Court

South Gauteng High Court, Johannesburg

Case number

2010/1189

Judge

P.A. Meyer

The High Court granted leave to appeal, finding reasonable prospects of success on the interpretation of section 34(1) of the Immigration Act and directing the appeal to the SCA.

• Immigration Act Interpretation
• Leave To Appeal
• Conflicting High Court Decisions
• Leave-to-appeal
• Immigration-act
• Statutory-interpretation

Lawyers for Human Rights v Minister of Safety and Security and Others (5824/2009)

Lawyers for Human Rights v Minister of Safety and Security and Others (5824/2009) [2009] ZAGPPHC 57 (15 May 2009)

Court

North Gauteng High Court, Pretoria

Case number

5824/2009

Judge

T J Raulinga

The court found that the SMG detention facility was not lawfully designated by the Director General of Home Affairs as required by section 34(1) of the Immigration Act. The SAPS and DHA acted outside their statutory powers by detaining and deporting foreigners at SMG without proper designation and without meeting minimum standards of detention. The conditions at SMG, including the detention of unaccompanied minors and the failure to provide adequate accommodation, nutrition, and hygiene, were unlawful and unconstitutional. The respondents failed to provide any reasonable justification or evid…

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• Detention Of Foreigners
• Minimum Standards Of Detention
• Children In Detention
• Bill Of Rights Limitation
• Immigration Act Interpretation
• Structural Interdict

Jeebhai v Minister of Home Affairs and Another (35377/05)

Jeebhai v Minister of Home Affairs and Another (35377/05) [2007] ZAGPHC 243; 2008 (3) BCLR 316 (T); [2008] 1 All SA 280 (T) (26 October 2007)

Court

High Courts - Gauteng

Case number

35377/05

Judges

Ngoepe, Pretorius, Snijmann

Leave to appeal was refused in an immigration-deportation matter, with the court finding no realistic prospect of a different result and treating the matter as moot.

• Immigration Act Interpretation
• Detention Of Illegal Foreigners
• Disguised Extradition
• Enforced Disappearance
• Contempt Of Court
• Immigration-law