01/12/2025
Another Important Victory for Administrative Justice!
Taute, Bouwer & Cilliers Attorneys is proud to have secured a successful outcome in a review application brought under the Promotion of Administrative Justice Act 3 of 2000 (PAJA).
The matter concerned the Department of Home Affairs’ failure to make a decision on our client’s application for South African citizenship by naturalisation, as required by section 4(3) of the South African Citizenship Act (88 of 1995). The said application for citizenship was brought to the Department by way of affidavit, under circumstances where no forms have been promulgated for an application in terms of section 4(3) of the Citizenship Act, and in accordance with the decision handed down in the case of Minister of Home Affairs v Ali and Others 2019 (2) SA 396 (SCA) which empowers an applicant to do so. After various attempts at corresponding with the Department to follow up on the outcome of the citizenship application, the Department was placed on terms, whereafter we proceeded to bring an application to the Pretoria High Court, under circumstances where no decision, or even a response, was furthered by the Department.
In our application, we sought relief in terms of section 6(2)(g) of PAJA, requesting that the Respondents’ failure to make a decision be reviewed and set aside, and that they be ordered to grant our client’s citizenship application within ten days, thereby substituting the administrator’s decision.
The Court agreed, finding that such relief was just and equitable, as envisaged by section 8(2) of PAJA. The Court order states that the Department’s failure to make a decision is reviewed and set aside and ordering the Department to grant our client’s application for citizenship. The Honourable Madam Justice Neukircher J further granted a punitive cost order against the Department.
This outcome is a significant affirmation of our client’s rights and the constitutional obligation on public authorities to act lawfully, timeously, and fairly.
We remain committed to protecting rights and holding decision-makers accountable.
