CIVIL PRACTICE – APPLICATION FOR EMERGENCY TRAVEL DOCUMENTS  PENDING ADJUDICATION OF APPLICATION FOR CITIZENSHIP – APPLICANT IN SAME-SEX MARRIAGE – JUDICIAL OVEREACH – SEPERATION OF POWERS

CIVIL PRACTICE – APPLICATION FOR EMERGENCY TRAVEL DOCUMENTS  PENDING ADJUDICATION OF APPLICATION FOR CITIZENSHIP – APPLICANT IN SAME-SEX MARRIAGE – JUDICIAL OVEREACH – SEPERATION OF POWERS

The applicant approached the court seeking a mandatory interdict compelling the Minister to issue temporary travel documents to his children who were in South Africa and born to him and his partner through surrogacy.  The applicant wrote a letter to the Minister’s legal practitioners, suggesting that the Minister issues the emergency travel documents, pending a matter between the parties which awaits judgment. The Minister declined the suggestion and proposed that the parties await the . . .

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