The new immigration laws implemented on 26 May 2014 brought a lot of changes which have slowly been adapted by the responsible authorities. In general, most of the new immigration laws brought confusion, panic and misunderstandings with it.
The latest two cases on this subject are of two foreign nationals being separated from their South African spouses. Louise Egedal-Johnson and David Henderson were declared undesirable in May after leaving South Africa on expired permits. Both of them were waiting very long for the Department of Home Affairs to finalize their visa applications. Brent Johnson and Cherene Delorie, the South African spouses of these foreign nationals, took the department of home affairs to court branding this incident as unconstitutional.
On 30 June 2014, the Western Cape High Court represented by Judge James Yekiso, ruled in favour of Louise and David and ruled that their current status of undesirability be suspended in order for them to return to their loved ones in South Africa.
The Department of Home Affairs noted the court ruling and is currently studying the judgement. Comment from the Department is expected soon.