Minister of Home Affairs v Maboho and 117 Related Cases

In 2007, 118 applicants, including Ms Tsireledzo Maboho, brought motion proceedings in the Limpopo High Court seeking orders compelling the Minister of Home Affairs to issue them with temporary and permanent identity documents. Each applicant alleged that they had applied for identity documents at Department of Home Affairs offices, with the assistance of departmental officials, but that their applications were not processed despite repeated follow‑ups. The High Court ordered the Department to issue temporary identity documents within three months and permanent identity documents within six months. The Minister appealed, arguing that the applicants had not established entitlement to identity documents and that the relief granted was incompetent.

The appeal succeeded in part. The High Court order directing the issuance of identity documents was set aside and replaced with an order compelling the Department of Home Affairs to consider each applicant’s application and to file an affidavit reporting on the outcome or reasons for delay. Costs in the court a quo were reserved, no order as to costs on appeal was made, and the appeals against interlocutory orders were dismissed.

The case clarifies that courts may not compel administrative authorities to grant identity documents but may require them to take decisions within a reasonable time. It affirms the use of structural interdicts as an effective remedy for systemic administrative failure and reinforces the application of PAJA to unreasonable delays by the Department of Home Affairs.