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Director-General Department of Home Affairs and Another v Mukhamadiva (61/13) [2013] ZACC 47

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Director-General Department of Home Affairs and Another v Mukhamadiva (61/13) [2013] ZACC 47

16th January 2014

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Introduction

[1] This case concerns whether the Western Cape High Court, Cape Town (High Court), having found that nobody was guilty of contempt of court arising from the failure to comply with its order, could still direct one of the parties to provide it with a report to be examined by the High Court with a view to giving an advisory opinion.

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[2] The matter comes before this Court as an application for leave to appeal, following the refusal to grant leave by the Supreme Court of Appeal. The first applicant is the Director-General in the Department of Home Affairs (Director-General). The second applicant is the Minister of Home Affairs (Minister). They cite as the respondent, Ms Violetta Mukhamadiva, a national of Uzbekistan, who was refused entry into the Republic of South Africa on 6 November 2011. She did not participate in the proceedings before this Court and as a result no opposing papers were filed. Accordingly, this matter must be determined with reference to the papers filed by the applicants and the written argument lodged by their counsel and counsel acting at this Court’s request.

[3] In view of the fact that the respondent did not participate in these proceedings, this Court sought assistance from counsel who represented her in the High Court. We are grateful to all counsel for the helpful written argument. As the Rules stipulates, this application was determined without the hearing of oral argument.

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