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
2 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 [2019] ZAGPJHC 526

Z A and Others v Minister of Home Affairs and Others (40089/2019)

Z A and Others v Minister of Home Affairs and Others (40089/2019) [2019] ZAGPJHC 526 (29 November 2019)

Court
South Gauteng High Court, Johannesburg
Case number
40089/2019
Judge
Molahlehi

The court found that the applicants, upon arrest and through their attorneys, indicated their intention to apply for asylum. The respondents failed to justify the continued detention, as the regulatory framework of the Refugees Act requires release and issuance of a temporary permit once such intention is communicated. The court held that disclosure of grounds for persecution is not required in public court documents due to confidentiality provisions, and that the responsibility for investigating such grounds lies with the Refugee Reception Officer during the asylum process. The applicants' d…

Source excerpt

  • Refugees Act
  • Unlawful Detention
  • Asylum Seekers
  • Section 22 Permit
  • Constitutional Right To Freedom
  • Regulation 2 2
Read case analysis
Constitutional Law [2011] ZAGPPHC 29

Zimbabwe Exiles Forum and Others v Minister of Home Affairs and Others (27294/2008)

Zimbabwe Exiles Forum and Others v Minister of Home Affairs and Others (27294/2008) [2011] ZAGPPHC 29 (17 February 2011)

Court
North Gauteng High Court, Pretoria
Case number
27294/2008
Judge
N J Kollapen

The court found that the respondents' failure to issue section 22 permits to asylum seekers immediately or without undue delay was unlawful and inconsistent with the Refugees Act. The respondents' failure to verify the identity and status of detainees who claimed to have applied for asylum violated both the Refugees Act and the Immigration Act, as well as constitutional rights to liberty and just administrative action. The practice of detaining asylum seekers who apply for asylum while in immigration detention, and those appealing rejected asylum applications, was held to be unlawful and inco…

Source excerpt

  • Refugees Act Interpretation
  • Immigration Detention
  • Bill Of Rights Limitation
  • Section 22 Permit
  • Unlawful Detention
  • Judicial Oversight
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.