Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
3 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Administrative Law [2025] ZAWCHC 5

Sattar and Others v Minister of Home Affairs and Another (144037/2024)

Sattar and Others v Minister of Home Affairs and Another (144037/2024) [2025] ZAWCHC 5 (9 January 2025)

Court
Western Cape High Court, Cape Town
Case number
144037/2024
Judge
Andrews

The court found that the applicants, despite delays and procedural irregularities, have a prima facie right to apply for asylum under the Refugees Act. The principle of non-refoulement, enshrined in both domestic and international law, protects them from deportation until their asylum applications are determined. The Form 23 notices were issued without affording the applicants the required interview to show good cause for their illegal entry or stay, as mandated by section 21(1B) of the Refugees Amendment Act and Regulation 8. The delay in expressing intention to seek asylum does not disquali…

Source excerpt

  • Refugees Act
  • Non Refoulement
  • Urgent Interdict
  • Immigration Act
  • Right To Freedom And Security
  • Good Cause Requirement
Read case analysis
Civil Procedure [2024] ZAMPMBHC 16

Rhino Fuels (Pty) ltd and Another v Maybach Oil and Gas (Pty) ltd and others (351/2024)

Rhino Fuels (Pty) ltd and Another v Maybach Oil and Gas (Pty) ltd and others (351/2024) [2024] ZAMPMBHC 16 (22 February 2024)

Court
Mbombela High Court, Mpumalanga
Case number
351/2024
Judge
Bhengu

The court found that the applicants established a clear right to protection from unlawful threats and intimidation, regardless of the respondents' allegations regarding the absence of a petroleum wholesale licence. The right to freedom and security is constitutionally protected and cannot be overridden by regulatory disputes, which must be addressed by the relevant authorities. The respondents' conduct, including repeated visits to the applicants' premises, threats via WhatsApp, and actions taken without proper legal authority, constituted harassment and intimidation. The applicants demonstra…

Source excerpt

  • Interdict
  • Urgent Application
  • Business Competition
  • Threats And Intimidation
  • Right To Freedom And Security
Read case analysis
Constitutional Law [2023] ZAGPJHC 560

Khama v Director of Public Prosecutions, Gauteng Local Division, Johannesburg and Others (2022/25436)

Khama v Director of Public Prosecutions, Gauteng Local Division, Johannesburg and Others (2022/25436) [2023] ZAGPJHC 560; [2023] 3 All SA 193 (GJ); 2023 (2) SACR 588 (GJ) (24 May 2023)

Court
South Gauteng High Court, Johannesburg
Case number
2022/25436
Judges
R M Keightley, R Strydom, D M Mlambo

The Court held that the application was ripe for hearing because the applicant's constitutional rights were threatened by the prospect of extradition and arrest, even in the absence of a formal request. On the merits, the Court found that section 5(1)(b) of the Extradition Act cannot be interpreted to permit a Magistrate to receive representations before issuing a warrant of arrest. Such an interpretation would unduly strain the language and context of the Act and disrupt the statutory division of powers, which reserves considerations of fairness and bona fides for the Minister. The Court fur…

Source excerpt

  • Extradition Act Interpretation
  • Right To Freedom And Security
  • Fair Trial Procedure
  • Judicial Discretion
  • Separation Of Powers
  • Strike Out Application
Read case analysis
Constitutional Law [2019] ZAWCHC 102

Smit v Minister of Justice and Correctional Services and Others (14655/2015)

Smit v Minister of Justice and Correctional Services and Others (14655/2015) [2019] ZAWCHC 102; 2019 (2) SACR 516 (WCC) ; [2019] 4 All SA 542 (WCC) (16 August 2019)

Court
Western Cape High Court, Cape Town
Case number
14655/2015
Judge
Francis, AJ

Section 63 of the Drugs and Drugs Trafficking Act 140 of 1992 constitutes an impermissible delegation of plenary legislative power to the executive, violating the separation of powers and the constitutional requirement for public participation in law-making. All amendments to the Schedules made by the Minister under section 63 are invalid, but the original Schedule promulgated by Parliament remains valid. The applicant has sufficient standing to challenge the constitutionality of section 63 and the Schedules, given the public interest and the direct impact on his rights. Section 5(1)(a) of th…

Source excerpt

  • Separation Of Powers
  • Delegation Of Legislative Power
  • Extradition
  • Double Criminality
  • Invalidity Of Subordinate Legislation
  • Right To Freedom And Security
Read case analysis
Constitutional Law [2008] ZAWCHC 124

Kiliko and Others v Minister of Home Affairs and Others (2739/05)

Kiliko and Others v Minister of Home Affairs and Others (2739/05) [2008] ZAWCHC 124 (4 March 2008)

Court
Western Cape High Court, Cape Town
Case number
2739/05
Judge
Van Reenen

The court found that while the Department of Home Affairs has belatedly implemented measures to address the unconstitutional limitation on asylum-seeker permit processing, these steps remain insufficient and untimely. However, given the nature of the proceedings, the court's functus officio status regarding the original relief, resource constraints, and the need to respect the separation of powers, the court declined to grant a mandamus compelling the Department to accept and process applications within a specified timeframe. Instead, the court extended the structural interdict, requiring fur…

Source excerpt

  • Right To Dignity
  • Right To Freedom And Security
  • Structural Interdict
  • Refugee Status Determination
  • Separation Of Powers
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.