Ho Ying v Minister of Justice and Others [1911] ZATPD 6 (9 February 1911)

Asiatic -Registration - Refusal of certificate - Deportation order - Mandamus to Registrar and Minister - Act 36 of 1908, sects.4 and 6

Where a Magistrate has dismissed an appeal brought by an Asiatic, under sect.6 (2) of Act 36 of 1908, against the decision of the Registrar of Asiatics refusing to issue a certificate of registration, the only available redress is by application to the Court for a mandamus to the Registrar of Asiatics, or the Minister of Justice. To obtain such an order the applicant must show that. he is entitled to a certificate of registration, or that the Magistrate or the Registrar of Asiatics has committed a breach of' some statutory duty which would entitle the Court to interfere. Where a deportation order has been made under the Act in accordance with the terms thereof the Court has no power to interfere.