The Western Cape High Court has temporarily stopped the initiation of any process to deport a foreign national who has indicated an intent to apply for asylum, until their application has been finalised. • The Western Cape High Court has temporarily halted the initiation of any process to deport a foreign national who has indicated an intent to apply for asylum, until their application has been finalised. • The interim interdict will remain in place pending the outcome of the main court application brought by the Scalabrini Centre of Cape Town. • The court is expected to hear that main challenge in February 2025. The Western Cape High Court has issued an interim interdict stopping authorities from deporting a foreign national who has indicated an intention to seek asylum until their application has been determined on its merits. The order, handed down by acting Judge Brendan Manca on Friday, was done in agreement with the minister and director-general of home affairs, the chief director of asylum seeker management, and the refugee appeals authority. Foreign nationals are required to report to a refugee reception office and indicate their intent to apply for asylum within five days of entering South Africa. The interim order does not interdict the arrest and detention of such individuals. `The Constitutional Court made it plain that in regard thereto the criminal law must take its course,` said Manca in his judgment. The interim order is in place pending the finalisation of a constitutional challenge to provisions of the Refugees Act and associated regulations brought by the Scalabrini Centre of Cape Town. This challenge is set down on the roll for 27 February next year. The Scalabrini Centre previously explained that since November 2023, new applicants for asylum have been subject to arrest, detention, and deportation without the opportunity to undergo a refugee status determination interview. `This process effectively denies individuals access to the asylum system, leaving them vulnerable to deportation to their home countries, where they face persecution, violence, war, detention, or even death. Such actions are a direct violation of the principle of non-refoulement, the cornerstone of refugee protection,` it said. `Arrests stem from preliminary interviews conducted by immigration officials, who assess whether applicants have good cause for failing to enter the country through a designated port of entry and obtain an asylum transit visa at the border. The majority of applicants are found lacking good cause, resulting in their arrest for deportation.` Lawyers for Human Rights, which represents the centre, said the main application was challenging the `good cause` interview requirement for newcomer asylum seekers. `We, in collaboration with the Scalabrini Centre of Cape Town, are still unpacking the contents of the full judgment and will share an explainer early next week,` it shared on its social media pages.

So you saw the article below and you asked your self how does it affect me and how as an undocumented person can it help me . When you read this you will say to yourself how do I get to a refugee cemter and even lodge an application , they are  chasing people away when you go there or they give you the unstamped piece of paper with a date of 2026 and it doesn’t even say Home Affairs , neither immigration -DHA and SAPS know this paper and laugh at you . There is a solution , its technical and let us explain to you how to sleep peacefully at night and walk around around with confidence . Stop Deportation Of Illegal Foreigners: Western Cape High Court Warns Authorities

In a recent landmark decision, the Western Cape High Court has issued an interim interdict that prevents authorities fr om deporting a foreign national who has expressed an intention to seek asylum in South Africa. This ruling underscores the court’s commitment to upholding the rights of individuals seeking protection and ensures that their claims are considered thoroughly before any deportation action is taken.
The case in question involves a foreign national, whose identity has not been disclosed for privacy reasons, who was facing imminent deportation. The individual had entered South Africa and indicated a desire to apply for asylum, a process that grants protection to those fleeing persecution or serious harm in their home countries.
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Airports Company South Africa (Acsa) says it expects no disruptions to operations at King Shaka International Airport amid an impending four to five–day strike action by the KZN E-hailing Council.

The strike is scheduled to start on Monday, 16 September 2024.

“We would like to assure all travellers that contingency plans have been put in place to mitigate any disruptions to airport operations,” Acsa stated.

“To ensure a smooth travel experience, passengers are urged to allow for extra travel time. We also recommend use of the online check-in before departure.”

Acsa said other transport options, such as airport-accredited metered taxi operators, airport shuttles, car rentals, and public transport services, will still be available.

Although the strike action is set to take place at the airport, the KZN E-hailing Council has stated that its protest is against the app companies, namely Uber, Bolt, and inDrive.

The association is demanding higher prices and that the apps take lower commissions. It has also asked that the e-hailing platform providers ensure the safety of drivers and riders.

In a post on Wednesday, the association said that under the current pricing system, it is a struggle to make enough money to cover the high costs of maintenance, insurance, and stolen vehicle recovery tracking.

“We ask that we send a message to these apps that they can’t treat us like slaves,” the association stated.

“These apps will never respect us if we don’t work together to solve this issue.”

The issue of prices and commissions has been a long-standing dispute between e-hailing drivers and platform owners.

E-hailing drivers threatened a national shutdown last year over exactly the same issues.

Public Private Transport Association chairman Vhatuka Mbelengwa said at the time that drivers want regulations in the e-hailing industry.

“Let’s regulate the industry. Let’s ensure that people are making decent money. Let’s reduce the extremely high commission that Uber is taking away from drivers,” he said.

Uber faces severe challenges in South Africa, including cars in a dilapidated state, bad drivers, frequent cancelled trips, driver strikes, and passengers being attacked and robbed.

It has also become increasingly opaque. One example is when it started adding unexplained surcharges to certain airport trips.

On a trip to and from Lanseria Airport, a MyBroadband reader noticed they were charged a R10 surcharge fee on only one of the journey’s legs.

The surcharge was not shown in the initial price estimate for the trip and was deducted from the rider’s credit card after the fact.

Uber continued adding the surcharges despite Acsa and Lanseria stating that they don’t charge ride-hailing services like Uber to pick up or drop off customers.

“ACSA would like to emphasise that the fees for trips undertaken by riders with the various ride-hailing services are agreed upon between the two parties (passenger and e-hailing service),” the airports company stated.

“ACSA is in no way involved in setting e-hailing services’ fees and does not charge any additional fees or surcharges that are payable by e-hailing services for drop-offs and pick-ups at its airports.”

It added that while additional fees may apply for parking, as they would to all motorists, these are irrelevant to ride-hailing services.

“In short, ACSA would like to categorically state that there are no hidden or other surcharge fees that it levies against e-hailing service providers that would then need to be passed on to passengers.”

Lanseria echoed this statement, saying it doesn’t impose supplementary fees for e-hailing drivers regarding airport pick-ups and drop-offs.

“No surcharge is paid to the airport for any such services,” it added.

The short answer
No, Home Affairs may not refuse an application for a marriage certificate for a same sex marriage.
The whole question
I just want to enquire if Home Affairs can refuse an application for a same sex marriage?
I know officials can refuse to marry us but as far as I know they can’t refuse to do the application for a marriage certificate.
The long answer
Thank you for your email asking whether Home Affairs can refuse an application for a same sex marriage.
No, Home Affairs may not refuse an application for a marriage certificate for a same sex marriage. Heterosexual couples can be married under the Marriages Act of 1961, while both heterosexual and same sex partners can be married under the Civil Union Act of 2006. There is no difference in status between them.
There are reports of some Home Affairs officials continuing to block and obstruct the marriages of same sex couples, but this behaviour is against the law, specifically the Bill of Rights in the Constitution, which guarantees equal rights to everyone irrespective of sexual orientation.
To begin the process of getting married, you must register your intention to marry with Home Affairs and apply for a marriage certificate at least three months before you intend to get married. Home Affairs marriage forms are available on request and must be submitted with the following documents:
• ID’s for both partners
• Both passports if one partner is not South African
• A completed form which declares that there is no legal impediment to your marriage. (This form is also available from Home Affairs offices.)
• Official divorce decree, stamped by the court, if one partner has previously been married
• A death certificate, if one partner has been widowed.
421 out of a total of 1,130 Home Affairs marriage officers have been exempted from having to perform same sex marriages under Section 6 of the Civil Union Act, but this will come to an end in 24 months time.
This is because a Private Member’s Bill by Deidre Carter of the Congress of the People (COPE) was passed in December 2018 to repeal Section 6