Case: Rayment & Others v Minister of Home Affairs (Constitutional Court / 2023 decision and subsequent developments up to 2025 reporting).

Facts of the case

Rayment involved long-standing difficulties faced by foreign spouses trying to secure or renew permits and the administrative practices of Home Affairs. The Constitutional Court’s engagement clarified how discretion must be exercised, and reinforced the importance of procedural fairness and family unity considerations.

What exactly did the Court decide?
The court scrutinised Home Affairs’ decision-making and stressed that refusal or non-renewal of spousal permits must be lawful, procedurally fair and consistent with constitutional values protecting family life. The judgment limited arbitrary refusals and reinforced reviewability where decisions lack adequate reasons.

Why this matters to you (spouses & families):
If a spousal visa application or renewal is refused, applicants should not resign themselves to delay. The decision emphasises that Home Affairs decisions are reviewable; correct documentary records and procedural fairness can overturn refusals and secure residence rights.

What you should do now (practical steps):

• Keep meticulous records of marriage certificates, cohabitation evidence, affidavits and prior permit history.

• If refused, check whether internal review or appeal remedies were available and exhausted.

• Seek prompt judicial review where refusals are procedurally unfair or lacks reasons.

Why I serve clients on spousal visa matters
I know how disruptive immigration refusal is to family life. I work to ensure applications are robust and, where refusals occur, to prepare strong judicial-review files to restore status and family unity.

How I can help
• Pre-apply checklist and document review for spousal/permanent residence applications;
• Drafting and lodging internal review/appeal papers where available;
• Preparing judicial-review applications to High Court when necessary.
• Affordable support for spouses and families who need fast, clear answers.

👉 Facing a spousal-visa refusal or long delays? Send your documents and I’ll do a case assessment and recommend the best route (internal review vs High Court). admin@legalassistsolutions.co.za

About the Author

Melissa Opukiri
Admitted Attorney (Non-Practising) | Court-Annexed Mediator | Legal Consultant
Founder of Legal Assist Solutions – providing ethical, affordable, and practical legal resources for consumers, small businesses, NPOs, and churches across South Africa.