Courts Cannot Set Aside Administrative Decisions That Have Not Been Challenged In Review Proceedings

In a recent judgment, the Cape Town High Court considered an application instituted by Samson Ngiriyabandi ("Mr Ngiriyabandi") against the Border Management Authority Of South Africa ("the BMA"), The Minister of Home Affairs ("the Minister") and The Department Of Home Affairs ("the Department"). Mr Ngiriyabandi instituted the application after BMA refused him entry into South Africa on 28 January 2025 at Cape Town International Airport.

The basis for the refusal was a condition on his visitor's visa, which indicated that he must report to the port of entry on or before 26 January 2025. The immigration officer refused Mr Ngiriyabandi entry on the basis that his visa had expired 2 days ago.