T.C and Others v Minister of Home Affairs and Another (15840/2023)
T.C and Others v Minister of Home Affairs and Another (15840/2023) [2023] ZAWCHC 328 (22 December 2023)
The court found that the Minister of Home Affairs failed to comply with the court order dated 20 October 2023, which required adjudication of the applicant's section 8(6) review application within forty days. The Minister was aware of the order, which was obtained by agreement and properly served on the State Attorney and the Minister's office. The respondent did not file any opposing affidavit, and the applicant's averments were uncontroverted. The court held that the requirements for contempt were met, and wilfulness and mala fides were presumed. The application was urgent due to the ongoin…
Source excerpt
- Immigration Act Section 8 Review
- Contempt Of Court
- Service Of Process
- Urgency In Applications
- Declaratory Relief