Buthelezi and Another v Minister of Home Affairs and Others

The appellants, Prince Mangosuthu Buthelezi and Mosiuoa Lekota, Members of Parliament, sought declaratory relief arising from the failure of the Minister of Home Affairs to timeously decide visa applications for the 14th Dalai Lama and his entourage. The Dalai Lama had been invited to South Africa for October 2011, but despite applications being lodged and eventually rendered fully compliant by 20 September 2011, no decision was made before the planned visit, resulting in its cancellation. The respondents explained the delay by reference to diplomatic sensitivities, particularly South Africa’s relations with China, and the need for interdepartmental consultation. The appellants contended that the delay was unlawful and intended to avoid making a politically sensitive decision.

The appeal was upheld. The order of the High Court was set aside and replaced with a declaration that the Minister of Home Affairs unreasonably delayed her decision on the visa applications and acted unlawfully. The respondents were ordered to pay the appellants’ costs, including the costs of two counsel.

The case affirms that while the Minister of Home Affairs has discretion in visa decisions, that discretion must be exercised lawfully and without unreasonable delay. It underscores the principle that deliberate procrastination by administrative authorities, especially to avoid politically sensitive decisions, constitutes unlawful administrative action. The judgment reinforces accountability and legality in immigration decision-making, even where foreign policy considerations are implicated.