Minister of Home Affairs and Others v Somali Association of South Africa and Another

The Director-General of the Department of Home Affairs decided to close the Port Elizabeth Refugee Reception Office (PE RRO) to new asylum applications. Earlier litigation had already resulted in a High Court order setting aside the initial closure for failure to consult the Standing Committee for Refugee Affairs (SCRA) and directing that a fully functional RRO be reopened. Despite this, the PE RRO remained closed. The Director-General later claimed to have taken a new decision to close the office after consulting SCRA. The Somali Association of South Africa (Eastern Cape) and the Project for Conflict Resolution and Development challenged this ‘new’ decision, arguing that it was unlawful due to lack of consultation with interested parties, irrationality, and disregard of prior court orders. The Eastern Cape High Court set aside the new decision and ordered the restoration of refugee reception services. The Minister of Home Affairs and other officials appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, save that paragraphs (2) and (3) of the High Court order were set aside and replaced. The appellants were ordered to restore refugee reception services at the Port Elizabeth Refugee Reception Centre by 1 July 2015, to enable new asylum applications under sections 21 and 22 of the Refugees Act. The Director-General was ordered to provide regular written reports on compliance, and the parties were granted leave to approach the court for further relief if necessary.

The case is significant for reaffirming that executive decisions in refugee and immigration administration are subject to the principle of legality, including requirements of consultation and rationality. It underscores the constitutional obligation of state authorities to comply with court orders and highlights the judiciary’s willingness to craft supervisory remedies where there is persistent non-compliance. The judgment strengthens procedural protections for asylum seekers and reinforces accountability in the administration of refugee protection in South Africa.