Mzalisi N.O. and Others v Ochogwu and Another (630/2018) [2019] ZASCA 138 (1 October 2019)

Jurisdiction
South Africa
Citation
Mzalisi N.O. and Others v Ochogwu and Another (630/2018) [2019] ZASCA 138 (1 October 2019)
Media Neutral Citation
[2019] ZASCA 138
Hearing date
5 September 2019
Court
Supreme Court of Appeal of South Africa
Case number
630/2018
Judges
Petse DP, Wallis JA, Tshiqi JA, Mbha JA, Dlodlo JA
Judgment date
1 October 2019
Language
English
Type
Judgment
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Civil and customary marriages – eligibility of asylum seekers whose status has
not been determined to marry whilst lawfully residing in South Africa – validity of
departmental circular imposing absolute ban on asylum seekers seeking to marry – circular
inconsistent with the law and invalid.

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Cited documents 18

Judgment 14
  1. Ahmed and Others v Minister of Home Affairs and Another (People Against Suffering Oppression and Poverty, Lawyers for Human Rights and De Saude Attorneys Inc as Amici Curiae) [2018] ZACC 39 (9 October 2018)
  2. Black Sash Trust v Minister of Social Development and Others (Freedom Under Law NPC Intervening) [2017] ZACC 8 (17 March 2017)
  3. Chidi v Minister of Justice (402/1991) [1992] ZASCA 77 (22 May 1992)
  4. Conradie v S [2018] ZACC 12 (25 April 2018)
  5. Dawood and Another v Minister of Home Affairs and Others; Shalabi and Another v Minister of Home Affairs and Others; Thomas and Another v Minister of Home Affairs and Others [2000] ZACC 8 (7 June 2000)
  6. Fourie and Another v Minister of Home Affairs and Another (232/2003) [2004] ZASCA 132 (30 November 2004)
  7. MEC for Health, Eastern Cape and Another v Kirland Investments (Pty) Ltd [2014] ZACC 6 (25 March 2014)
  8. Matatiele Municipality and Others v President of the Republic of South Africa and Others (1) [2006] ZACC 2 (27 February 2006)
  9. Minister of Home Affairs and Others v Watchenuka and Others (10/2003) [2003] ZASCA 142 (28 November 2003)
  10. Nandutu and Others v Minister of Home Affairs and Others [2019] ZACC 24 (28 June 2019)
  11. Natal Joint Municipal Pension Fund v Endumeni Municipality (920/2010) [2012] ZASCA 13 (16 March 2012)
  12. Road Traffic Management Corporation v Waymark Infotech (Pty) Ltd [2019] ZACC 12 (2 April 2019)
  13. Satchwell v President of Republic of South Africa and Another [2002] ZACC 18 (25 July 2002)
  14. Trencon Construction (Pty) Ltd v Industrial Development Corporation of South Africa Limited and Another [2015] ZACC 22 (26 June 2015)
Legislation 4
  1. Marriage Act, 1961
  2. Promotion of Administrative Justice Act, 2000
  3. Recognition of Customary Marriages Act, 1998
  4. Refugees Act, 1998

Documents citing this one 0