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2nd Respondent JUDGMENT DELIVERED ON 30 JUNE 2014 YEKISO, J [1] On 12 June 2014 and 17 June 2014, two separate applications were launched in this court by Brent Dereck Johnson, Louise Henrikson Egedal-Johnson and Samuel Barry Egedal-Johnson as the first, second and the third applicant in one such application (“the Johnson application”) and Cherene Therese Delorie, David Ross Henderson, Dylan Jourdan Henderson and Logan Jed Henderson as the first, second, third and the fourth applicant in the other application (“the Delorie application”).[2] The respondents in these applications are the Minister of Home Affairs, the Director-General of Home Affairs, Millicent Motsi and Martin Jansen, cited as the first, second, third and the fourth respondent in the Johnson application, and the Minister of Home Affairs and the Director General of Home Affairs, cited as the first and the second respondent in the Delorie application.

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On their return to Cape Town she was refused entry at the Cape Town International Airport and subsequently detained on the basis that she had been declared an undesirable person.

She was subsequently deported to her country, Denmark, together with the parties’ child, the third applicant in the Johnson application.

She states that he was unable to apply for an extension of that permit before it expired.

She explains that in terms of the then applicable legal regime with regards to issuing of work permits, it meant that her husband had to leave South Africa to regularise his status and obtain a fresh work permit.

[5]In the Delorie application the following relief is sought as against the first and the second respondent in that application, namely, an order condoning non-compliance with the Uniform Rules of this Court relating to service and time periods, and directing that the matter be heard as one of urgency in terms of rule 6(12) of the Uniform Rules; that pending the final resolution of the relief sought in Part B of the notice of motion, an order directing that the enforcement of Directive 9 of 2014 issued by the Deputy Director-General of the Department of Home Affairs on , is suspended; an order directing that the determination, made by the departmental officials on , that the second applicant in the Delori application is an “undesirable person” in terms of section 30(1)(h) of the Immigration Act and the regulations promulgated thereunder, is suspended.


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