Last Updated: Friday, 01 November 2019, 13:47 GMT

South Africa: High Court

The High Court divisions have jurisdiction over defined geographical areas in which they are situated, and the decisions of the High Courts are binding on magistrate’s courts within their areas of jurisdiction. A decision of a High Court in one division is not binding on another, but in practice has strong persuasive force. Currently, there are 10 provincial divisions: the Cape of Good Hope; Eastern Cape; Northern Cape; Free State; Kwa-Zulu Natal; Transvaal; Transkei; Ciskei; Venda and North-West; and three local divisions: the Witwatersrand Local Division, the Durban and Coast Local Division and South-eastern Cape Division. For more information on the High Court, please see http://www.info.gov.za/aboutgovt/justice/courts.htm. Website: www.justice.gov.za/about/sa-courts.html
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AI and Others v Director of Asylum Seeker Management: Department of Home Affairs and Others (22059/18) [2019] ZAWCHC 114

The applicants have shown that they have a clear right to the relief they ultimately seek in the main application, a well-grounded apprehension of harm and no other satisfactory remedy. The respondents seek to have the Immigration Act trump the Refugees Act. This is contrary to the injunction in the Ruta case that the two statutes can and should be read in harmony. The applicants are thus entitled to the interim relief they seek, i.e. that they be issued with section 22 permits.

2 September 2019 | Judicial Body: South Africa: High Court | Topic(s): Refugees sur place - Rejected asylum-seekers | Countries: Burundi - South Africa

Abdul Shabani Akanakimana v. The Chairperson of the Standing Committee for Refugee Affairs and others

18 February 2015 | Judicial Body: South Africa: High Court | Topic(s): Manifestly unfounded / Clearly abusive claims - Refugee status determination (RSD) / Asylum procedures - Rule of law / Due process / Procedural fairness | Countries: Burundi - South Africa

Harerimana v. the Chairperson of the Refugee Appeal Board and Others

11 December 2013 | Judicial Body: South Africa: High Court | Topic(s): 1969 OAU Convention - Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Rule of law / Due process / Procedural fairness | Countries: Burundi - South Africa

Ndikumdavyi v Valkenberg Hospital and others

23 April 2012 | Judicial Body: South Africa: High Court | Countries: Burundi - South Africa

Aruforse v Minister of Home Affairs

25 January 2010 | Judicial Body: South Africa: High Court | Topic(s): Illegal entry - Immigration Detention - Immigration law - Refugee / Asylum law | Countries: Burundi - South Africa

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