Director-General: Department of Home Affairs and Minister of Home Affairs v Mavericks Revue CC

Mavericks Revue CC obtained a corporate permit under the Immigration Act 13 of 2002 to employ 70 foreign exotic dancers, mainly from Russia and Ukraine. When the dancers applied for work permits at the South African embassy in Moscow, a consular official refused to issue them unless each dancer paid a fee of R1 520 (the fee prescribed for a general work permit under s 19 of the Act) and provided a cash deposit of US $2 000 as security for repatriation. Mavericks Revue CC challenged these requirements. The Cape High Court set aside both conditions, and the Director-General and Minister of Home Affairs appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel. The setting aside of both the R1 520 fee and the US $2 000 repatriation deposit was confirmed.

The case clarifies the legal nature of work permits issued to employees of corporate permit holders under the Immigration Act, confirming that they are distinct from section 19 work permits and do not attract the same statutory fees. It is also an important administrative-law authority affirming that discretionary powers must be exercised individually and lawfully, and may not be applied mechanically pursuant to blanket instructions.