• In June 2017, a refugee went to a Department of Home Affairs office to apply for the re-issue of his refugee papers that had been stolen during a robbery.
• Instead of getting help, Ntahompagaze Abdul was arrested by Home Affairs officials on a charge of being an illegal immigrant and detained for 13 days.
• The Gauteng High Court in Pretoria has ordered that the minister of Home Affairs pay R300 000 to the refugee for the unlawful arrest and detainment.
The Gauteng High Court in Pretoria has ordered the minister of Home Affairs to pay R300 000 to a refugee who was unlawfully arrested at one of the department`s offices after he tried to apply for a re-issue of his refugee papers that had been stolen.
On 7 June 2017, Ntahompagaze Abdul was arrested on a charge of being an illegal immigrant after he went to the Department of Home Affairs (DHA) officers in Marabastad, Pretoria, to apply for his refugee documents - which he had lost during a robbery three days earlier.
According to a judgment handed down earlier in May, Abdul was arrested by members of the DHA. After that, he was handed over to members of the SA Police Service at the Pretoria Central Police Station, where he was detained for 13 days.
On 20 June 2017, Abdul was released when it was discovered that he had been mistakenly arrested, Judge Elizabeth Kubushi said.
`As a result of such arrest and detention, the plaintiff [Abdul] is said to have suffered an infringement of his right to physical and psychological integrity and physical liberty,` Kubushi said.
`The plaintiff has, consequently, instituted action for unlawful arrest and detention against the minister of home affairs and the minister of police. The matter is defended.`
The matter was initially set down for trial in May 2020, where it was partially settled.
`Among others, the following was by agreement between the parties made an order of court, namely, that (a) the defendant [minister of home affairs] concedes liability in respect of the plaintiff`s 100% proven or agreed damages; (b) the claim against the minister of police is withdrawn; and (c) the quantum is postponed sine die [with no appointed date for resumption].`
Kubushi said Abdul was claiming R13 000 for loss of income and general damages of R400 000, which was later increased to R600 000.
`During oral argument, the plaintiff`s counsel included a further claim for future medical expenses and related expenses in respect of the treatment of depression and anxiety.`
Post-traumatic stress disorder
As part of the

matter, Abdul submitted medical reports by psychiatrists and psychologists, which spoke about his mental state following the arrest and detention.
Two specialist psychiatrists who independently examined Abdul agreed that, due to his arrest and subsequent incidents, he suffers from major depressive disorder and post-traumatic stress disorder (PTSD).
`The psychiatrists agree that the plaintiff requires psychiatric treatment and management. They also agree that the plaintiff suffered trauma physically, emotionally and economically, but does not require protection on psychiatric grounds.`
Two clinical psychologists said Abdul`s unlawful arrest and incarceration had left him with a range of physical, emotional and psychological difficulties directly occasioned by the trauma of his experience in custody.
General damages
Kubushi said from the medical reports, it could be determined that, during his detention, Abdul could not make a phone call to inform anyone that he was incarcerated, which made him anxious.
He also could not make a phone call to get his medication brought to him.
The reports said:
During the time he could not take his medication, he developed rashes on certain parts of the body.
Abdul further told the experts that he was locked up with other inmates in a dirty, smelly holding cell with only one open toilet wherein when any person wanted to relieve themselves, they would have to do it in full view of others.
The minister of Home Affairs` counsel contended that Abdul was held at a police station and that prison would have been worse.
It was also argued that Abdul`s PTSD, anxiety disorder and major depressive disorder could not solely be a result of his arrest and detention because he is from a country that experienced war in the past, which caused his parents to flee to South Africa.
Based on case law and the facts before the court, Kubushi said the R600 000 claimed by Abdul as compensation for general damages was excessive.
`A fair, reasonable and appropriate amount to compensate the plaintiff in the circumstances of this matter is R300 000,` Kubushi said.
The court dismissed Abdul`s claim for loss of income as a hairstylist.
Meanwhile, the claim for future medical expenses and related expenses was postponed as Abdul`s legal team asked for a postponement to amend its application for such a claim. V.5371

One of the highlighted topics: Critical Skills Visa.

- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr...
- This matter relates to critical skills visa and its broader implications.
- Individuals are advised to seek professional guidance.

Is your profession on the Critical Skills List? This visa is your fast trac V.6139
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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.
-Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide.
-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.

 V.6133
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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.6128
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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.

 V.6130
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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.

 V.6131
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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.

What does this mean for travelers? V.6127
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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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