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High Court of South Africa Western Cape, Cape Town

Currently serving on the bench:

Judge President N P Mabindla-Boqwana	Deputy Judge President P L Goliath	Judge N C Erasmus	Judge R Allie	Judge T C Ndita
Judge A Le Grange	Judge V C Saldanha	Judge C M J Fortuin	Judge M I Samela	Judge R C A Henney
Judge M J Dolamo	Judge J I Cloete	Judge B P Mantame	Judge K M Savage	Judge G Salie Da Silva
Judge L Nuku	Judge E D Wille	Judge T Papier	Judge M K Parker	Judge M Sher
Judge S Kusevitsky	Judge H M Slingers	Judge M Francis	Judge N Mangcu-Lockwood	Judge J D Lekhuleni
Judge D M Thulare	Judge C N Nziweni	Judge M Holderness	Judge M Pangarker	Judge N E Ralarala

Physical address

Physical: 35 Keerom Street, Cape Town, 8000 Post: Private Bag X 9020, Cape Town, 8001

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https://www.judiciary.org.za/index.php/courts/high-courts/western-cape-division-of-the-high-court/contact-details

2 judgments

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2 judgments

Citation	Judgment date
November 2015
Saidi and Others v Minister of Home Affairs and Others (17770 of 2015) [2015] ZAWCHC 201 (26 November 2015) A refugee reception officer has discretion under s22(3) to extend asylum seeker permits after internal remedies are exhausted. Refugees Act – s21(4), s22(1), s22(3) – interpretation of obligation to issue and discretion to extend asylum seeker permits after exhaustion of internal remedies; Administrative law – PAJA – decision materially influenced by error of law; review and setting aside of administrative refusal; Legitimate expectation – representation by prior practice; limits on substantive relief where discretion was not exercised and insufficient factual material.	26 November 2015
March 2015
S v Jezile and Others (A 127/2014) [2015] ZAWCHC 202 (23 March 2015) Reported Ukuthwala cannot justify trafficking or rape; trafficking and rape convictions upheld, assault convictions set aside. Criminal law – Human trafficking (child) and rape – consent must be voluntary; customary practice cannot justify trafficking or sexual abuse. Customary law – Ukuthwala – traditional form is a portal to marriage negotiations requiring consent; aberrant/abductive forms involving coercion and sexual violence unlawful and inconsistent with Constitution and statutory law. Children’s rights – best interests and statutory protections (Children’s Act, RCMA) prevail. Criminal procedure – improper duplication of charges; assault convictions set aside.	23 March 2015

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