M.M.E and Others v Director General, Department of Home Affairs and Another (21970/2021) [2025] ZAGPPHC 202 (12 March 2025)
Court
North Gauteng High Court, Pretoria
Case number
21970/2021
Judge
Millar
The High Court held that a child born in South Africa to refugee parents, with no other nationality, is a South African citizen by birth under section 2(2).
Khoza v Minister of Home Affairs and Another [2023] ZAGPPHC 140; 6700/2022; [2023] 2 All SA 489 (GP) (27 February 2023)
Court
North Gauteng High Court, Pretoria
Case number
6700/2022
Judge
SM Maritz
The High Court ordered late registration of birth and declared a South African-born, stateless applicant a citizen by birth, alternatively by naturalisation.
The Constitutional Court held that declarations of invalidity concerning regulations are not subject to confirmation by the Court. The High Court erred in suspending its declaration of invalidity of regulation 3(2)(a), as such suspension is unnecessary and perpetuates the applicants' statelessness. The regulation was ultra vires the empowering statute, which prescribes a five-year residency requirement, not ten years. The applicants are entitled to effective relief, and the suspension order must be set aside. Condonation and leave to appeal were granted in the interests of justice, given the…
Nibigira v Minister of Home Affairs and Others (41265/2011) [2011] ZAGPJHC 178 (28 November 2011)
Court
South Gauteng High Court, Johannesburg
Case number
41265/2011
Judge
N F Kgomo
The court found that the applicant was lawfully detained as an illegal foreigner under the Immigration Act. The initial warrant of detention was issued on 6 July 2011, and the extension by the magistrate on 2 August 2011 was within the prescribed 30-day period, authorizing a further 90 days of detention. The form used for the extension, though not strictly in the prescribed format, was substantively compliant and reflected the magistrate's judicial authorization. The applicant's credibility was undermined by his failure to provide full personal details and by unsubstantiated allegations. The…
