01-08-2025
Nigerian man who identified as a Zimbabwean national denied spousal permit
A Nigerian man who also identified as Zimbabwean was denied spousal permit by the High Court.
A Nigerian man who also identified as a Zimbabwean national had his application for spousal permit dismissed in an unopposed matter.
In an application at the North Gauteng High Court in Pretoria, Valentine Ezihe submitted an affidavit under the name Marshall Banda. In the affidavit, he identified himself as a Zimbabwean man living in Centurion, possessing a Zimbabwean passport with an unverified number.
According to the supporting affidavit, Ezihe's spousal application had been pending for two years without a response or decision from Home Affairs.
In June 2025, he served a notice of motion on home affairs and the director general of home affairs.
Ezihe asked the court to direct home affairs officials to issue a decision on the outcome of his application within 30 days.
In May 2025, Banda's affidavit, which claimed to be from Ezihe, was deposed and commissioned to support the notice of motion.
Later, Ezihe's supplementary affidavit, which supports Banda's affidavit, was deposed and commissioned in June 2025. This occurred without the prior leave of the court.
Ezihe's legal representative argued that there were no legal provisions requiring the parties to obtain leave before supplementing their court submissions.
