Director-General of the Department of Home Affairs v De Saude Attorneys and Another

De Saude Attorneys and Immigration Management Services SA CC (Visa One), firms specialising in immigration services, brought an application in the Western Cape High Court to compel the Department of Home Affairs and related officials to decide hundreds of long‑outstanding immigration and citizenship applications and appeals lodged on behalf of their foreign national clients under the Immigration Act 13 of 2002 and the South African Citizenship Act 88 of 1995. At the time of hearing, 323 applications and appeals remained undecided, many delayed for several years. The applicants alleged systemic and structural failure by the Department to perform its statutory and constitutional duties, despite repeated engagement and prior court orders in similar matters. The Department did not meaningfully dispute the delays but raised technical objections, including lack of locus standi, misjoinder, absence of powers of attorney, and lack of jurisdiction of the Western Cape High Court. The High Court granted a detailed mandatory order compelling the Department to finalise the applications within specified timeframes. The Director‑General, Minister, and Acting Chief Director appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, and the High Court’s order compelling the Department of Home Affairs to finalise the outstanding applications and appeals within specified deadlines remained in force.

This case is significant for reaffirming accountability of the Department of Home Affairs for systemic administrative delays and confirming that courts may grant mandatory relief to address structural failures in public administration. It strengthens access to justice by recognising the standing of legal practitioners and service providers acting on behalf of affected foreign nationals and underscores the constitutional obligation of organs of state to act efficiently, lawfully, and within reasonable timeframes.