On 9 December 2025, the Western Cape High Court delivered an important judgment in De Saude Sadat Darbandi Immigration Attorneys Inc v Acting Provincial Manager: Western Cape & Others, confirming that officials at the Cape Town Home Affairs office (Barrack Street) may not refuse to accept any application that must be forwarded to the Pretoria hub for adjudication.
Although the underlying cases involved birth registrations, the principle confirmed by the Court is far broader:
- Any application requiring Pretoria processing must be accepted by the Cape Town office.
- Gatekeeping at counter level including refusals by “screening officials” is unlawful and falls outside their delegated authority.
The Court also found that officials had breached an earlier High Court order granted in our favour in April 2025. While contempt relief was not granted, the Court:
- Confirmed the refusals were unlawful, ultra vires and unconstitutional
- Declared non-compliance with the existing order requiring acceptance of applications
- Reaffirmed that screening officials have no power to reject filings of applications.
This judgment protects the public across all citizenship and civic-services categories, including:
- Naturalisation and citizenship applications
- Amendments, rectifications and status-related filings
- Birth, marriage and identity-document applications requiring Pretoria adjudication.
Should you need help navigating Home Affairs processes or protecting your rights, reach out to our team at info@dsdlaw.co.za.