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 magistrates 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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Case Law 67

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A E Applicant and CHIEF EXECUTIVE OFFICER HELEN JOSEPH HOSPITAL et al Respondents 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 \| Document type: Case Law \| Topic(s): Asylum-seekers - Discrimination based on race, nationality, ethnicity - Right to health - Right to life \| Countries: Ethiopia - South Africa
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 \| Document type: Case Law \| Topic(s): Refugees sur place - Rejected asylum-seekers \| Countries: Burundi - South Africa
AI et al applicants and THE DIRECTOR OF ASYLUM SEEKER MANAGEMENT: DEPARTMENT OF HOME AFFAIRS et al respondents 2 September 2019 \| Judicial Body: South Africa: High Court \| Document type: Case Law \| Topic(s): Fresh / New claim - Refugees sur place - Rejected asylum-seekers \| Countries: Burundi - South Africa
Miriam Ali and others v. The Minister of Home Affairs and others 7 September 2017 \| Judicial Body: South Africa: High Court \| Document type: Case Law \| Topic(s): Citizenship / Nationality law \| Countries: South Africa
Armand v. Refugee Appeal Board 28 February 2017 \| Judicial Body: South Africa: High Court \| Document type: Case Law \| Topic(s): Refugee / Asylum law \| Countries: South Africa
Tshiyombo v. The Members of the Appeal Board et al. 10 November 2015 \| Judicial Body: South Africa: High Court \| Document type: Case Law \| Topic(s): Appeal / Right to appeal - Refugee / Asylum law - Refugee status determination (RSD) / Asylum procedures \| Countries: South Africa
Owale Mayemba v. Chairperson of Standing Committee for Refugee Affairs Refugee Status Determination Officer 10 June 2015 \| Judicial Body: South Africa: High Court \| Document type: Case Law \| Topic(s): Manifestly unfounded / Clearly abusive claims - Refugee / Asylum law \| Countries: Congo, Democratic Republic of the - South Africa
Christian Bokesta Bolanga v. Refugee Status Determination Officer and others 24 February 2015 \| Judicial Body: South Africa: High Court \| Document type: Case Law \| Topic(s): Refugee status determination (RSD) / Asylum procedures - Rule of law / Due process / Procedural fairness \| Countries: Congo, Democratic Republic of the - 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 \| Document type: Case Law \| Topic(s): Manifestly unfounded / Clearly abusive claims - Refugee status determination (RSD) / Asylum procedures - Rule of law / Due process / Procedural fairness \| Countries: Burundi - South Africa
Esnat Maureen Makumba v. The Minister of Home Affairs and others 3 December 2014 \| Judicial Body: South Africa: High Court \| Document type: Case Law \| Topic(s): Grounds for persecution - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Rule of law / Due process / Procedural fairness \| Countries: Malawi - South Africa

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