What is it?
If a foreigner is not able to comply with one or multiple requirements of the Immigration Regulations, the Minister of Home Affairs may for good cause waive any prescribed requirement or form. Unlike general waivers, which are issued by the Director-General and are applicable universally to all cases that meet certain criteria, individual waivers are decided on merit on a case-by-case basis and only apply to the specific case for which the exemption was granted.
- The applicant must provide comprehensive motivation and demonstrate good cause for each requirement to be waived.
- There is no formal legal definition for “good cause”. What constitutes a good cause is relative and determined on a case-by-case basis.
- Although the term has never been official defined by the South African judiciary or in terms of legislation, “good cause” is usually given if the refusal to grant an exemption from a prescribed requirement would lead to irrational consequences or the violation of a constitutional right.