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South Africa decisions
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Lagardien and Others v Minister of Home Affairs and Others (2025/432) [2025] ZAGPJHC 20 (21 January 2025)
The court found the visa dispute moot after the applicants left South Africa. It discharged the interim interdict and ordered each party to pay its own costs.
Shamore v Minister of Home Affairs and Others (2024/021421) [2024] ZAGPJHC 414 (2 May 2024)
The court held that the applicants, as asylum seekers present in South Africa without valid visas, are entitled to a good cause interview under section 21(1B) of the Refugees Act and Regulation 8(3) of the Refugee Regulations before any deportation or continued detention can be justified. The respondents failed to arrange such interviews despite having ample opportunity and being ordered by the court to do so. In the absence of any lawful justification for continued detention and with no good cause interviews having taken place, the applicants' detention became unlawful. The court found that…
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Esyas v Magistrate Mckenzie Paarl Magistrates Court and Others (7881/24) [2024] ZAWCHC 106 (22 April 2024)
The High Court set aside an admission of guilt fine paid by an Ethiopian applicant who did not understand English and had no interpreter. It ordered a refund, a fresh hearing before another magistrate, and an interpreter.
Ashago v Minister of Home Affairs and Others (2024-002723) [2024] ZAGPPHC 107 (12 February 2024)
The court dismissed an urgent application to enforce a prior release order, finding it was limited to immigration charges and did not bar detention for fraud.
Abraham and Others v Minister of Home Affairs and Another (A5053/2021; A5054/2021; A5055/2021) [2023] ZAGPJHC 253; 2023 (5) SA 178 (GJ) (14 March 2023)
The court held that the lawfulness of detention under section 34 of the Immigration Act is extinguished when the applicability of the Refugees Act is triggered, which occurs upon an illegal foreigner expressing a desire to apply for asylum, not only upon formal submission of an application. The Refugees Act, and specifically section 2, overrides any contrary provision in the Immigration Act or regulations. The requirement in regulation 8(3) for showing 'good cause' is part of the information-gathering process and does not constitute a condition precedent to applying for asylum. Regulation 8(4…
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Shanko v Minister of Home Affairs and Another; Shambu v Minister of Home Affairs and Another; Bogala v Minister of Home Affairs and Another (32620/2021; 32621/2021; 32622/2021) [2021] ZAGPJHC 857 (26 July 2021)
The High Court held that illegal entrants seeking asylum are not entitled to immediate release, but authorities must facilitate access to the asylum process within 14 days.
Hassim v The Minister of Home Affairs and Another (27877/2021) [2021] ZAGPJHC 565 (21 July 2021)
The court found that the applicant's failure to present himself at a Refugee Office upon arrival and the delay in expressing his intention to apply for asylum do not deprive him of the right to seek asylum under the Refugees Act. The Refugee Status Determination Officer is the only authority empowered to assess asylum claims, and delay alone is not a ground for refusal. The applicant has not yet been scrutinized by a Refugee Official, and his rights under the Refugees Act and international law remain intact. The court held that the applicant made out a good case for relief and granted the ord…
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Okafor v Minister of Home Affairs and Others (26145/2020) [2020] ZAGPJHC 383 (12 October 2020)
The court found that the continued detention of the detainee was unlawful as it was effected pursuant to warrants issued under constitutionally invalid sections 34(1)(b) and (d) of the Immigration Act. The detainee was not brought before a court to challenge the lawfulness of his detention, contrary to the requirements set out by the Constitutional Court. The respondents failed to prove the lawfulness of the detention, and no evidence was presented of corrective legislation amending section 34. The detainee is not entitled to re-issuance of a temporary asylum seeker permit or an interdict aga…
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Sylvian Manix Radio v Minister of Home Affairs and Others; Gatacia v Minister of Home Affairs and Others (34739/2019; 34738/2019) [2019] ZAGPJHC 558 (1 November 2019)
The High Court ordered the immediate release of two Congolese asylum seekers from Lindela, finding no valid warrant for their continued immigration detention.
SL and Others v Minister of Home Affairs and Others (2016/ 01352) [2016] ZAGPJHC 47 (26 February 2016)
The High Court ordered Thai detainees released from Lindela and placed in a place of safety pending assessment under anti-trafficking law.
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