iid .
REPUBLIC OF SOUTH AFRICA
ow
REA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION, JOHANNESBURG
CASE NO: 2025/109528
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3 REVISED.
Tee. o)o7/20>6
SIGNATURE DATE
In the matter between:
MANAR SALEM SULIMAN ALNAJAR Applicant
And
THE DIRECTOR GENERAL, DEPARTMENT
HOME AFFAIRS First Respondent
THE MINISTER OF HOME AFFAIRS Second Respondent
THE DIRECTOR/HEAD LINDELA
REPATRATION CENTRE Third Respondent
2
Judgment Delivery
This judgment was authored by the Judge whose name is reflected herein, on 28 July
2025. It is delivered electronically via email to the parties and their legal
representatives and uploaded to the electronic file of this matter on CaseLines. The
date for delivery is deemed to be 10:00 on 28 July 2025.
JUDGMENT
MALUNGANA AJ
Introduction
(1] The applicant in this matter, Mr Manar Alnajjar, who is currently detained at
Lindela Repatriation Centre, approached this Court on urgent basis seeking:(a)
Tobe released forthwith from Lindela Repatriation Centre, pending an
application to legalize his status in the Republic of South Africa in terms of
Section 29(2), altematively Section 32 of the Immigration Act,13 of 2002(“the
Act’); (b) That the respondents be directed to, within 60 days of service of the
order, to finalize the upliftment of prohibition in terms of Section29(2) of the Act
which was instituted on 3 July 2025; (c) An order in terms of which he would be
allowed to reside temporarily within the Republic of South Africa in the company
of his life partner and minor child pending the finalization of the Section 29(2)
upliftment application, and any subsequent internal review application provided
3
for in Section 8 of the Act, which might be instituted thereafter
[2] The application is opposed by the State Attorney’s office who have thus filed a
notice to oppose albeit without an opposing affidavit on the 23% of July 2025. It
is, however, noteworthy to state that counsel from the State has filed a short
heads of argument summarising the points she wanted to argue in these
proceedings.
Factual background
[3] A useful starting point is the averments made in the applicant’s founding
affidavit. In his supporting affidavit, the applicant set forth that he previously
held a Jordanian travel passport, and his family is originally from Gaza.
Following the 1967 Six-Day War, his family along with others relocated to
Jordan.
[4] He is in a romantic relationship with a Ukrainian citizen whom he describes as
a ‘life partner.’ The latter is a permanent resident of South Africa (‘the country”)
and holds a permanent South Africa Non-Citizen document. They are both
parents of 11 months old daughter.