Muduviwa and Others v Minister of Home Affairs and Another
Muduviwa and Others v Minister of Home Affairs and Another [2023] ZAGPPHC 566; 18971/2021 (14 July 2023)
The court found that the respondents' decision to block and suspend the applicants' identity documents was invalid, ultra vires, and procedurally unfair. The respondents failed to provide statutory or factual justification for their actions and did not afford the applicants an opportunity to be heard. The children, born in South Africa while the applicants held identity documents, are entitled to South African citizenship. The respondents' version consisted mainly of bare denials and did not create a genuine dispute of fact. Given the delay, lack of proper investigation, and the foregone conc…
Source excerpt
- Promotion Of Administrative Justice Act
- Citizenship Determination
- Population Register
- Ultra Vires Administrative Action
- Procedural Fairness
- Remedies For Unlawful Administration