Mzalisi NO and Others v E O and Another (630/2018)
Mzalisi NO and Others v E O and Another (630/2018) [2019] ZASCA 138; 2020 (3) SA 83 (SCA) (1 October 2019)
The Supreme Court of Appeal held that paragraph 2.1(b)(iii)(dd) of Circular No. 4 of 2016, as applied by the Department of Home Affairs, unlawfully barred asylum seekers from marrying or registering customary marriages, infringing their constitutional rights to dignity and equality. The circular was treated as binding by officials and thus susceptible to judicial review. The impugned paragraph was vague, contradictory, and inconsistent with both the Constitution and South Africa's international obligations. The structural interdict granted by the high court was set aside due to lack of factua…
Source excerpt
- Right To Marry
- Customary Marriage Registration
- Departmental Circular Review
- Equality Clause
- Human Dignity
- Structural Interdict