In 2019, the case of Nandutu and Others v Minister of Home Affairs and Others was handed down in the Constitutional Court of South Africa. This case unequivocally confirms that a spouse can change from a tourist visa issued in terms of section 11(1) to spousal visa in terms of section 11(6) of the Immigration Act.
The constitutional court held that regulation 9(9)(a) is constitutionally invalid and has suspended the declaration of invalidity for 24 months. They also ordered a reading-in on an interim basis of words that have the effect of adding to the exceptions under the regulation 'spouses or children of South African citizens or permanent residents'. The effect of this is that spouses or children of South African citizens or permanent residents do not have to depart from South Africa when applying for a change in visa status.