S C M v Minister of National Department of Home Affairs and Another (94266/2019) [2024] ZAGPPHC 1086 (26 October 2024)

S C M v Minister of National Department of Home Affairs and Another (94266/2019) [2024] ZAGPPHC 1086 (26 October 2024)

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Cited documents 8

Act
7
Citizenship and Immigration · Education · Environment, Climate and Wildlife · Health and Food Safety · Human Rights · International Law · Labour and Employment · Public administration
Dispute Resolution and Mediation · Human Rights
Business, Trade and Industry · Human Rights
Citizenship and Immigration
Citizenship and Immigration
Repealed
Judgment
1
Reported
PAJA governs review of failures to issue identity documents; mass-produced, deficient applications were dismissed and ethical concerns referred to the Law Society.
Identification Act 1997 – section 25 transitional provision – green bar-coded identity documents; Administrative law – PAJA applies to failure/delay to issue or deliver identity documents; PAJA time limits — need for particulars to show unreasonable delay (s7(1), s9(1)); Mass-produced affidavits and deficient demand letters – insufficient to found relief; Locus standi – unassisted minors; Legal ethics – use of agents, payments to procure work and fee-sharing—referral to Law Society; Civil procedure – rule 6 service and notice defects; Practice directive withheld pending better evidence.

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