CCT219/14

[2015] ZACC 6

2015 (6) BCLR 707 (CC)

24 March 2015

http://hdl.handle.net/20.500.12144/3788

Application for leave to appeal against a judgment and order of the Cape Town High Court: Johnson and Others v Minister of Home Affairs and Others; InRe: Delorie and Others v Minister of Home Affairs and Another (10310/2014, 10452/2014) [2014] ZAWCHC 101 (30 June 2014).

Appeal against a High Court order granting temporary relief — declaration of persons as “undesirable persons” — no requirements met to justify hearing an appeal against an order granting temporary relief — application for leave to appeal dismissed — no order as to costs. An application for leave to appeal against an urgent interim order of the High Court, Western Cape Division, Cape Town. The order suspended, pending a review, the individual declarations of Mrs Johnson and Mr Henderson as “undesirable persons” under the Immigration Act 13 of 2002. Both were holders of temporary residence permits. The declarations were made under a changed statutory regime when they were leaving South Africa. On trying to return, they were both denied entry, which triggered an application to the High Court. Government contended that the High Court order encroached upon its executive authority. The Court dismissed the application. It held that the order was temporary in nature and did not finally dispose of any factual or legal issues. The temporary relief applied only to Mrs Johnson and Mr Henderson and not to other persons. It had no general effect on the new dispensation. This meant that the requirements for an appeal against interim relief as set out in National Treasury v Opposition to Urban Tolling Alliance had not been established. Judgment: The Court.