The Western Cape High Court has ruled against the Department of Home Affairs (DHA) officials in Cape Town for unlawfully rejecting visa, residence, and status applications. The judgment reinforces that only the Pretoria office has the authority to approve or reject these applications, preventing on-floor officials from acting as gatekeepers.
Home Affairs Screeners Overstepping Authority
Applicants seeking visas, permanent residence, or status recognition have long faced arbitrary rejections at DHA offices in Cape Town. Instead of accepting applications for processing, on-floor “screeners” have reportedly turned applicants away without valid reasons or written justification.
Despite a previous court ruling prohibiting this practice, DHA screeners continued to refuse applications, forcing affected individuals to take legal action once again. The case, brought by eight applicants and represented by De Saude-Darbandi Attorneys, sought to challenge these practices as unconstitutional and unlawful.
Court Ruling: Home Affairs Must Accept All Applications
Judge Constance Nziweni of the Western Cape High Court ruled that Home Affairs officials who refuse to accept applications without proper authority are acting unlawfully. The ruling ordered DHA to process the affected applications and awarded costs against the department.
“This ruling not only allows our clients to proceed with their applications, but it also establishes a clearer path for others seeking to file at this office,” said Stefanie de Saude-Darbandi, a partner at De Saude-Darbandi Attorneys.
Impact on Applicants: Delays and Frustrations
Many applicants have suffered significant delays due to this gatekeeping practice:
- A South African-born applicant was denied an ID because DHA claimed his father’s immigration status was under investigation—an inquiry that had been pending for over eight years.
- A dual Namibian-South African citizen was refused a certificate confirming his South African citizenship, with officials labeling him an “illegal foreigner.”
- A mother seeking birth registration for her child was turned away because Home Affairs insisted on determining the parent’s status first—delaying the process by years.
- An applicant was asked for unnecessary documents not required by law, leading to further delays.
What This Means for Future Applications
While the ruling is a victory for affected applicants, they now have to resubmit expired applications due to past refusals. Immigration lawyers hope this judgment will force DHA to follow the correct procedures moving forward.
The judgment reinforces that Home Affairs must accept applications and forward them to Pretoria for processing, rather than allowing screeners to act as unofficial gatekeepers.
Have you experienced difficulties with DHA processing your application? Share your experience in the comments below.
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