28 Jan All Applications Must Be Accepted at Cape Town Home Affairs
The Western Cape High Court has ruled that the Cape Town Home Affairs office must accept all applications that require processing in Pretoria. The court declared that refusals by counter staff to accept these applications are unlawful and exceed their legal authority. This judgment safeguards the rights of all applicants seeking citizenship, civil registration, and related services.
On the 9th of December 2025, the Western Cape High Court delivered a landmark judgment in the case of De Saude Sadat Darbandi Immigration Attorneys Inc v Acting Provincial Manager: Western Cape & Others. The court has ruled that officials at the Cape Town Home Affairs office on Barrack Street cannot refuse to accept any application that needs to be sent to the Pretoria hub for adjudication. This means that so-called “screening officials” or counter staff do not have the legal authority to reject applications at the submission stage, no matter the type of application or its perceived completeness. Seeking immigration assistance to South Africa? We’re here to make the experience easier for you.
The policy of refusing to process some of these applications was employed by the Home Affairs offices in Cape Town, which included the refusal of applications for birth registrations, citizenship, and changes at the counter, which prevented them from going to the Pretoria hub for consideration. If you’re new to getting South African citizenship, our beginners guide can help.
The ruling made by the court guarantees that every South African and even residents get their applications processed appropriately and in observance of the rule of law and the provision of access to services as enshrined in the national constitution. There will be no more discriminatory refusals of service by any of these institutions. Here are your legal options if your citizenship application is denied.
The effect of this is to ensure that all people are able to have their applications appropriately received and addressed by the Department of Home Affairs (DHA), regardless of their background and the type of applications they may be seeking. The implications are such that one may be denied essential services such as citizenship and identification card issuance arbitrarily.
By this ruling, the court holds that the officers must operate within the power given to them. This is important, given that it ensures justice and fairness in the running of administration, and crucial given that this prevents abuse of office.
If you have been turned away by the counter staff at Cape Town Home Affairs and your application needs to be sent to the Pretoria hub for adjudication, please CONTACT US. Our team at June Luna Immigration Attorneys today. We will explain the steps you can take to initiate affirmative action.