South Africa Case Law

Nandutu and Others v Minister of Home Affairs and Others (11440/17)

Nandutu and Others v Minister of Home Affairs and Others (11440/17) [2018] ZAWCHC 47; [2018] 3 All SA 259 (WCC) (18 April 2018)

Court

Western Cape High Court, Cape Town

Case number

11440/17

Judge

Thulare

The court held that Regulation 9(9)(a) of the Immigration Regulations is not inconsistent with the Constitution. The distinction between section 11(1) visitor’s visa holders and accompanying spouses or children of holders of work or business visas is rational and justified by the need for health, social, economic, and security risk assessments at the time of admission. The applicants failed to comply with the prescribed requirements for a spousal visa and did not apply for a waiver under section 31(2)(c) of the Immigration Act. The regulation does not create an absolute bar to change of statu…

Source excerpt

• Immigration Act
• Regulation 9 9 A
• Right To Dignity
• Right To Equality
• Waiver Of Prescribed Requirements
• Spousal Visa

Stewart and Others v Minister of Home Affairs and Another (12520/2015)

Stewart and Others v Minister of Home Affairs and Another (12520/2015) [2016] ZAWCHC 20 (29 January 2016)

Court

Western Cape High Court, Cape Town

Case number

12520/2015

Judge

Donen AJ

The High Court held that the Department wrongly treated the second applicant’s spousal-visa request as a relative’s visa application and ordered issue of a section 11(6) visa.

• Immigration Act
• Spousal Visa
• Constitutional Invalidity
• Review Of Administrative Action
• Internal Remedies
• Separation Of Powers