Case Law

In Part A the Applicant seeks in substance that first, second and third Respondents be interdicted from refusing to administer emergency healthcare to her whilst in Part B the Applicant seeks an order declaring that fifth and sixth Respondents policy of refusing placement of a asylum seekers and or refugees into the chronic renal treatment programme, kidney analysis, kidney and renal transplant to be inconsistent with the Bill of Rights in the constitution.

7 October 2019 | Judicial Body: South Africa: High Court | Topic(s): Asylum-seekers - Discrimination based on race, nationality, ethnicity - Right to health - Right to life | Countries: Ethiopia - South Africa

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

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

7 September 2017 | Judicial Body: South Africa: High Court | Topic(s): Citizenship / Nationality law | Countries: South Africa

28 February 2017 | Judicial Body: South Africa: High Court | Topic(s): Refugee / Asylum law | Countries: South Africa

10 June 2015 | Judicial Body: South Africa: High Court | Topic(s): Manifestly unfounded / Clearly abusive claims - Refugee / Asylum law | Countries: Congo, Democratic Republic of the - South Africa

24 February 2015 | Judicial Body: South Africa: High Court | Topic(s): Refugee status determination (RSD) / Asylum procedures - Rule of law / Due process / Procedural fairness | Countries: Congo, Democratic Republic of the - South Africa

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

3 December 2014 | Judicial Body: South Africa: High Court | Topic(s): Grounds for persecution - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Rule of law / Due process / Procedural fairness | Countries: Malawi - South Africa