Cases

Various cases we have worked on.

R S Nandutu and Others v Minister of Home Affairs and Others (CC)

June 28, 2019

Consequent to the dismissal of the application in the Western Cape High Court on 18 April 2018 the applicants persisted in their appeal directly to the Constitutional Court. The Court heard argument on 21 February 2019 and decided it on 28 June 2019.

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Nandutu and Others v Minister of Home Affairs and Others (11440/17) [2018] ZAWCHC 47; [2018] 3 All SA 259 (WCC)

April 18, 2018

The circumstances which gave rise to this case are almost identical to those that give rise to Booysen 20 years earlier. In terms of section 10(6)(b) of the Immigration Act, read with Immigration Regulation 9(5), which came into force on 26 May 2014, any foreigner in possession of a visitor visa or a medical treatment visa, absent exceptional circumstances, would have to apply for a change of status in their countries of origin.

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Eisenberg & Associates and Others v Director General Department Home Affairs and Others (10043/11) [2012] ZAWCHC 191

November 27, 2012

This case involved contempt proceedings against the Director-General of the Department of Home Affairs on the basis that an earlier Court Order was not complied with.

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Malachi v Cape Dance Academy International (Pty) Ltd and Others (CCT 05/10) [2010] ZACC 24; 2011 (3) BCLR 276 (CC)

November 25, 2010

On 24 August 2010 the Constitutional Court confirmed the Western Cape High Court’s Order of invalidity relating to the impugned provisions of section 30 of the Magistrates’ Courts Act.

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Malachi v Cape Dance Academy International (Pty) Ltd and Others (CCT 05/10) [2010] ZACC 13; 2010 (6) SA 1 (CC) ; 2010 (11) BCLR 1116 (CC)

August 24, 2010

In July 2009 Gary Eisenberg received an invitation to lunch from the then Consulate-General of the Russian Federation, stationed in Cape Town. The Russian diplomatic missions in South Africa provided the Republic of Moldova with consular services. The Consul-General sought ad hoc advice from Eisenberg relating to a Moldovan passport application made by a certain woman, Tatiana Malachi. Malachi was arrested on 9 July 2009 on the basis of an ex parte Warrant of Arrest tanquam suspectus de fuga – as a debtor suspected of fleeing the jurisdiction – by the owner of a Cape Town strip club.

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President of the Republic of South Africa v Eisenberg and Associates and Another (1992/2004, 2406/2004) [2004] ZAWCHC 16)

April 16, 2004

This matter involved an application by the then President Thabo Mbeki to have an Order of High Court rescinded.

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Minister of Home Affairs v Eisenberg & Associates In re: Eisenberg & Associates v Minister of Home Affairs and Others (CCT15/03) [2003] ZACC 10; 2003 (8) BCLR 838 ; 2003 (5) SA 281 (CC)

June 27, 2003

The Minister of Home Affairs appealed directly to the Constitutional Court the Order granted on 21 February 2003 by the Western Cape High Court declaring his immigration regulations to be unlawful, unconstitutional and invalid.

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Eisenberg and Associates v Minister of Home Affairs and Others (1301/03) [2003] ZAWCHC 11; [2003] 1 All SA 706 (C)

March 27, 2003

This is the first case in South African legal history which involved an attorney bringing an action against the Government of South Africa in his own and in the public interest. Eisenberg & Associates (Eisenberg) brought an urgent application in the Western Cape High Court on 21 February 2003 seeking an Order to declare the first set of immigration regulations published by the then Minister of Home Affairs Prince Mangosuthu Buthelezi unconstitutional and invalid.

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Booysen and Others v Minister of Home Affairs and Another

June 4, 2001

This case entails the Constitutional Court’s confirmation of an order of invalidity of the Western Cape High Court

The applicants were foreign spouses of South African citizens who applied for work permits in terms of previous legislation, the Aliens Control Act of 1991. In terms of such Act, applications for

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Makinana & Others v Minister of Home Affairs & Another; Kilty & Another v Minister of Home Affairs & Another

February 8, 2001

This is the seminal case which founded the “spousal” visa, with work authorization.

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