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South Africa Case Law

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Constitutional Law [2018] ZAWCHC 47

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
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Administrative Law [2016] ZAWCHC 177

Sweyeli v Minister of Home Affairs and Others (1479/16)

Sweyeli v Minister of Home Affairs and Others (1479/16) [2016] ZAWCHC 177 (30 November 2016)

Court
Western Cape High Court, Cape Town
Case number
1479/16
Judge
N P Boqwana

The court found that the Minister failed to properly exercise his discretion under section 31(2)(c) of the Immigration Act by treating the prescribed requirement for a Department of Labour certificate as binding, rather than considering whether good cause existed for a waiver. The refusal letter and answering affidavit demonstrated a rigid approach that fettered discretion and failed to engage with the unique facts and expert evidence presented by the applicant. The court held that the decision was reviewable under PAJA for failure to consider relevant factors and for being materially influen…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Immigration Permits
  • Ministerial Discretion
  • Waiver Of Prescribed Requirements
  • Review Of Administrative Action
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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.