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South Africa decisions
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Hazan v Minister of Home Affairs and Others (2025/082129) [2025] ZAGPJHC 759 (29 July 2025)
Urgent application by an asylum seeker in detention dismissed. The court held he had not followed the statutory asylum process and had not shown entitlement to halt prosecution or secure release.
M.M.E and Others v Director General, Department of Home Affairs and Another (21970/2021) [2025] ZAGPPHC 202 (12 March 2025)
The High Court held that a child born in South Africa to refugee parents, with no other nationality, is a South African citizen by birth under section 2(2).
Afali v S (Bail Appeal) (CA&R180/2024) [2024] ZAECMKHC 121; 2025 (2) SACR 52 (ECMk) (1 November 2024)
The appeal court found that the Magistrate correctly refused bail to the appellant, who was in South Africa illegally with an expired permit and had failed to apply for asylum for seven months. The appellant's mere expression of intention to seek asylum did not entitle him to release on bail, nor did it render his detention unlawful. The interests of justice, including the risk of flight and the need to uphold the integrity of the immigration system, outweighed the appellant's personal circumstances. The court emphasized that the authorities must facilitate the appellant's opportunity to appl…
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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.
Ali and Another v S (A212/21) [2021] ZAWCHC 245; 2022 (1) SACR 281 (WCC) (25 November 2021)
The magistrate erred in refusing bail without adequately considering the appellants' claimed refugee status and constitutional rights. The magistrate failed to ensure that sufficient and reliable information was placed before the court regarding the appellants' attempts to regularize their status and their access to Home Affairs during the Covid-19 lockdown. The magistrate did not allow the prosecution a full opportunity to address the court, nor did he stand the matter down to enable the defence to provide further information. The principles of the Refugees Act and the Constitution require t…
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Beyene v S (CA&R 01/2021) [2021] ZAECPEHC 7 (4 February 2021)
High Court appeal against refusal of bail dismissed. The court held that the magistrate’s decision was supported by evidence showing a real flight risk.
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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SA v Minister of Home Affairs and Others (26921/2019) [2019] ZAGPJHC 303 (4 September 2019)
The court found that the applicant's continued detention at Lindela Holding Facility was unlawful as it exceeded 30 days without judicial review, contrary to section 29 of the Refugees Act. The respondents failed to justify the further detention, and the applicant's liberty was infringed without lawful cause. The matter was urgent due to the unlawful deprivation of freedom, and the court granted the operative prayers for immediate release and costs. The court declined to grant further relief regarding the re-issuance of permits or interdicts, finding such directions beyond its competence in t…
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Ahmed and Others v Minister of Home Affairs and Another (CCT273/17) [2018] ZACC 39; 2018 (12) BCLR 1451 (CC); 2019 (1) SA 1 (CC) (9 October 2018)
The Constitutional Court held that Immigration Directive 21 of 2015 was invalid to the extent it barred asylum seekers from applying for visas or permanent residence permits.
Cheba and Others v Minister of Police and Others (520/2018) [2018] ZALMPPHC 6 (13 February 2018)
Ethiopian applicants sought release from safe care and asylum permits, but the High Court held their detention should proceed under trafficking legislation, with compliance directives.
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