South Africa Case Law

Minister of Home Affairs and Another v Fireblade Aviation Proprietary Limited and Others (13/2016)

Minister of Home Affairs and Another v Fireblade Aviation Proprietary Limited and Others (13/2016) [2018] ZASCA 46 (28 March 2018)

Court

Supreme Court of Appeal

Case number

13/2016

Judges

Wallis JA, Hughes AJA

The Supreme Court of Appeal held that the application before it was for ordinary leave to appeal under s 16(1)(a)(i) of the Superior Courts Act, not special leave, as it was directed against the original judgment of a single judge. The test applied was whether there were reasonable prospects of success or other compelling reasons to grant leave. The court found that the Minister had lawfully granted approval to Fireblade Aviation, as evidenced by contemporaneous documents, and his subsequent attempts to suspend or reverse the approval were inconsistent and unsupported. The Minister failed to…

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• Leave To Appeal
• Enforcement Of Judgments
• Administrative Decision Review
• Immigration Control

Chen and Another v Director-General Home Affairs and Others (18985/2014)

Chen and Another v Director-General Home Affairs and Others (18985/2014) [2014] ZAWCHC 181 (2 December 2014)

Court

Western Cape High Court, Cape Town

Case number

18985/2014

Judge

RILEY AJ

The court found that the administrative process followed by the immigration officer was procedurally unfair and constitutionally deficient, primarily due to the failure to provide a competent interpreter and the lack of adequate reasons for the refusal of entry. The applicant was denied a fair opportunity to be heard, and the decision to refuse entry constituted administrative action subject to review. The applicant established a prima facie right to interim relief, as she held a valid work visa and passport, and the alleged tampering was likely a clerical error. The court held that the appli…

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• Immigration Control
• Judicial Review
• Fair Administrative Action
• Interim Relief
• Right To Dignity

Mukhamadiva v Director General of Home Affairs and Another (22621/11)

Mukhamadiva v Director General of Home Affairs and Another (22621/11) [2011] ZAWCHC 483 (21 November 2011)

Court

Western Cape High Court, Cape Town

Case number

22621/11

Judge

Davis

The court found no contempt by the immigration officer, but ordered the Western Cape Head of Immigration to report on procedures for urgent court orders.

• Contempt Of Court
• Immigration Control
• Urgent Interdict
• Implementation Of Court Orders
• Contempt-of-court
• Immigration-law

Mustafa v Minister of Home Affairs and Others (Application for leave to appeal) (2009/52898)

Mustafa v Minister of Home Affairs and Others (Application for leave to appeal) (2009/52898) [2010] ZAGPJHC 2 (11 January 2010)

Court

South Gauteng High Court, Johannesburg

Case number

2009/52898

Judge

N.P. Willis

The High Court granted leave to appeal, finding reasonable prospects of success and noting the case raised novel legal issues and new legislation.

• Immigration Control
• Appeal Procedure
• Balancing Of Rights
• Leave-to-appeal
• Appeal-procedure
• Administrative-law