High Court Sets Aside Rejection of Asylum Claim and Orders a Fresh Hearing
The High Court of South Africa, Gauteng Division, Pretoria, has set aside a series of decisions that rejected a pro bono client’s asylum claim as fraudulent, and has referred the matter back to the Tshwane Refugee Reception Office for a de novo hearing.
The client approached ProBono.Org in June 2025 for legal assistance after receiving a final rejection of her application, together with a letter directing her to appear before the Director-General with her travel documents. She consulted with attorneys from Fasken in our Refugee Law Clinic. After merit was established, a review application was instituted in the Pretoria High Court to challenge and set aside the decision of the Refugee Status Determination Officer and the Standing Committee for Refugee Affairs, which had rejected her claim as fraudulent under section 24(3)(b) of the Refugees Act.
The Court ordered that her asylum application be remitted for a de novo hearing, meaning her claim must be considered afresh. Importantly, the Court also ordered that she be re-issued with an asylum seeker permit pending the final determination of her application. It further set clear timeframes: the new hearing must commence within 30 court days and a decision must be made within 30 court days of the hearing.
ProBono.Org extends its sincere appreciation to the Fasken team and to Counsel, Advocate Sokhela, for their support and contribution to this matter. Partnerships such as these strengthen access to justice and enable us to continue providing meaningful legal assistance to those who need it most.
Application for citizenship approved
Mr Ntokozo Gumede of Gumede N Attorneys has been one of the dedicated legal practitioners in our Refugee Law Clinic and recently secured a win for one of our pro bono clients. The absence of recognised citizenship status and identity documentation can limit a person’s access to opportunities and services, and their ability to participate fully in everyday life.
In September 2022, Mr Gumede assisted a client with an application for citizenship in terms of section 4(3) of the South African Citizenship Act 88 of 1995. This provision allows a person born in South Africa to non-citizen or non-permanent resident parents to apply for South African citizenship upon turning 18.
The application was lodged in 2022. Then came the silence. Mr Gumede followed up with the Department of Home Affairs, resubmitted documents and escalated the matter, but the application remained unprocessed. He then brought an application in the High Court to compel the Department to process and decide the application, relying on the right to just administrative action.
In 2026, four years after the initial application, the client received approval of her application for citizenship from the Department of Home Affairs.
This matter shows that a pro bono attorney’s commitment does not end when an application is filed. Mr Gumede stayed with the client through years of delay and turned to the courts when other options failed. ProBono.Org thanks him for his dedication and for helping a young woman secure the citizenship and identity she is entitled to.
