South Africa Case Law

Agboraw N.O and Another v Minister of International Relations and Co-operation and Others (Leave to Appeal) (2024-096838)

Agboraw N.O and Another v Minister of International Relations and Co-operation and Others (Leave to Appeal) (2024-096838) [2024] ZAGPPHC 1123 (1 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-096838

Judge

Mooki

Leave to appeal was dismissed. The court held that AFCONE lacked standing under the Host Agreement and that it could not grant relief tied to proceedings before international bodies.

• Diplomatic Immunity
• Host Agreement Interpretation
• Interim Relief
• Judicial Discretion
• International Obligations
• Review Of Administrative Action

Somali Association of South Africa and Others v Limpopo Department of Economic Development Environment and Tourism and Others (48/2014)

Somali Association of South Africa and Others v Limpopo Department of Economic Development Environment and Tourism and Others (48/2014) [2014] ZASCA 143; 2015 (1) SA 151 (SCA); [2014] 4 All SA 600 (SCA) (26 September 2014)

Court

Supreme Court of Appeal

Case number

48/2014

Judges

Navsa, Brand, Ponnan, Majiedt, Mathopo

The Supreme Court of Appeal held that there is no blanket prohibition in the Constitution or applicable legislation against asylum seekers and refugees seeking self-employment or applying for business licences. Section 27(f) of the Refugees Act entitles refugees to seek employment, which is not limited to wage-earning employment. The right to dignity is implicated when refugees and asylum seekers are denied the ability to earn a living, leading to destitution and humiliation. The court found that the relevant licensing legislation does not exclude foreign nationals, as asylum seekers and refu…

Source excerpt

• Refugee Rights
• Right To Dignity
• Business Licensing
• Self Employment
• Discrimination
• International Obligations

Binga v Cabinet for South West Africa and Others (250/1984)

Binga v Cabinet for South West Africa and Others (250/1984) [1988] ZASCA 22 (24 March 1988)

Court

Supreme Court of Appeal

Case number

250/1984

Judges

Rabie, Corbett, Van Heerden, Hefer, Grosskopf

The court held that the State President could legislate for South West Africa under section 38(1), and dismissed the challenge to a non-White call-up for national service.

• Statutory Interpretation
• Mandate Termination
• Military Service Liability
• Delegation Of Legislative Power
• International Obligations
• Statutory-interpretation