Government has taken a decision to appeal the judgment handed down by
the Western Cape High Court on Muslim marriages.
The case was brought by the Women’s Legal Centre (WLC) and Ruwayda Esau.
The WLC had argued that by not recognising Muslim marriages under
common law, the law ignored the reality that women often lack
bargaining power in marriages and were not afforded legal protection.
The judgment, which was handed down on 31 August 2018, ordered the
executive and Parliament to pass legislation providing for the
recognition and dissolution of marriages concluded in terms of Islamic
Law.
In the ruling, the full bench gave government two years within which
to enact such legislation.
In the absence of this legislation being passed, the full bench has
crafted an order which will then regulate the recognition and
dissolution of marriages concluded in terms of Islamic Law.
On Friday, the Justice Department announced that a decision was taken
to appeal the judgment following consultation between the President,
the Ministry of Justice and other members of the executive.
The decision to appeal was taken for three primary reasons.
“First, Mrs R Esau has lodged an appeal with the Constitutional Court
because the full bench did not give her immediate relief in a marriage
that has already been dissolved in terms of Islamic Law. The Women’s
Legal Centre has not lodged a similar appeal,” said Department of
Justice spokesperson, Mukoni Ratshitanga.
Second, the full bench decision has acknowledged that government is
already in the process of researching an omnibus law that will deal
with the recognition and dissolution of all religious marriages.
“Despite acknowledging this, the full bench has nevertheless ordered
the executive and

parliament to enact and pass legislation dealing
with marriages under Islamic Law and to do so within a specific
period,” said Ratshitanga.
The third reason, is the effect that the decision has immediate
implications on all other religious marriages which have not been
registered as secular marriages in terms of the Marriage Act.
“In short, the judgment impacts beyond the sphere of marriages
concluded under Islamic Law. For these primary reasons, the President
and the Minister of Justice have taken a decision to appeal the
judgment of the full bench.
“They will do so upon the basis that they remain committed to complete
the process that they have already commenced, and that is, to pass one
law governing all religious marriages,” said Ratshitanga.
According to Ratshitanga, an appeal court decision will also bring
certainty on certain fundamental constitutional principles, such as:
• the separation of powers and the extent to which courts may order
government to pass legislation and to do so on a specific issue;
• the issue of inequality and discrimination of women generally and
particularly those in religious marriages which have not been
registered as secular marriages; and
• the permissible powers of the executive, and in turn, the
legislature, in fulfilling their constitutional role in our democracy
by determining how best to address such matters.
“For these reasons, the President and the Minister of Justice will
shortly deliver an appeal against the full bench decision in both
matters and will oppose the appeal of Mrs R Essau,” said Ratshitanga.
- SAnews.gov.za V.2552

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- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr...
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One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.

-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process.
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-LHR appeals extension, urges affected people to seek help now.

Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.

In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.

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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6129
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A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.

Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.

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On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

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The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs.
The United States’ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

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1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you •If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.•BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121
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Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
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