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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

Tafira and Others v. Ngozwane and Others

Judgement from the High Court of South Africa, Transvaal Provincial Division.

12 December 2006 | Judicial Body: South Africa: High Court | Topic(s): Administrative law - Refugee / Asylum law - Rejected asylum-seekers | Countries: South Africa - Zimbabwe

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