# IMPORTANT: Court case judgement against Home Affairs (Directive 9)



## LegalMan (Dec 26, 2012)

Just left the High Court and people are winning judgements against Home Affairs:

BREAKING: Judgement on case of banned immigrants | Immigration South Africa™

Won't be long until there are enough of these to postpone Directive 9.

If you've been banned for leaving SA on an application receipt only (while waiting for your visa outcome), you have strong legal recourse.


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## neilkennedy (Oct 21, 2013)

Thanks for the update. 

Do you have a view on how long it might take before Directive 9 is postponed? 

I'm waiting for a quota work permit renewal and I'm supposed to be going overseas in 3 weeks - not sure whether to start changing my flights etc to a later date...


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## LegalMan (Dec 26, 2012)

Although I have no idea and no-one can say anything for certain - it highly likely will take many months.


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## neilkennedy (Oct 21, 2013)

OK - thanks - so they'll just continue to declare people in this circumstance as undesirable on leaving SA for now...


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## LegalMan (Dec 26, 2012)

Yes, unfortunately they will. This court case does not set a precedent or change the law. It merely enhances chances of everyone who was banned having similar outcomes if they seek relief as such.

Bear in mind that some people who have been banned have no family or job or anything in SA and would likely not win such a case.

It would take a good number of such cases to sway a judge or create enough cause for Home Affairs to do anything.

That said, this court case actually asks for judgement on two things, one is the judgement above and the second actually asks the judge to comment and decide upon "Directive 9" - this we have to wait for.


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## LegalMan (Dec 26, 2012)

@Neil - are you affected?


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## neilkennedy (Oct 21, 2013)

Yes - I'm booked to travel on 25th July but I'm currently waiting for my quota work permit renewal that I submitted in January. 

I'm losing hope that the renewal will come through in the next few weeks so I was hoping that they would revert back to the old rules about travelling with a renewal in process but it seems that this is not going to happen quickly.

Unless something changes I will postpone my travel rather than risk being declared undesirable.

Thankls for the information you've provided - appreciate it.


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## 2fargone (Jun 14, 2011)

What about contacting the Embassy of the foreign national? Or do they get involved in these matters?

Another thing- I noticed on Home Affairs website they have a link for individuals who have been banned. They can appeal their ban by sending in documents. I don't know if they get any of the money back they had to pay to leave South Africa.


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## LegalMan (Dec 26, 2012)

You can appeal, but thus far we have not heard of one appeal directly to Home Affairs that has had any sort of reply. The courts will be the only recourse for now.


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## hugo slater (Sep 10, 2014)

Hi LegalMan,
I left SA on 21 May while still awaiting approval of a TRP application as a retired person submitted on 20 February. My previous TRP expired on 25 April but I was unable to leave SA by then as my SA civil partner died on 10th April and there were matters to deal with. Despite having an acknowledgement of receipt from the DHA and explaining the personal circumstances I was issued with a Notice stating that I had to pay an administrative fine before I could return to SA. I appealed this through the proper channels but received no response of any kind from the DHA. Because my departure was before the introduction of Directive 9, and I have received no Notice that I am an undesirable person, in your opinion will I be denied re-entry if I have paid the fine ? I have received an opinion from an immigration company that I should be OK, and as it happens I have been notified that my application had been approved though it can't be entered into my passport until and unless I go back to SA. What do you think ? Thanks, Hugo


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## LegalMan (Dec 26, 2012)

You will have to pay the fine.


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## hugo slater (Sep 10, 2014)

Thanks LegalMan


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