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.

However, Judge Keitumetse Johanna Mogale said the decision to permit the filing of an additional affidavit remains within the court’s discretion.

Judge Mogale said if affidavits are filed without leave from the court, the affidavits can be ignored.

“I conclude that supplementing court papers without prior leave from the court is not allowed. Disregarding rules governing the filing of affidavits can result in the affidavit being struck from the record or the court refusing to consider it,” she said.

Furthermore, the judge was not impressed with the application and said it was drafted as a cut-and-paste from a template.

She further criticised Ezihe’s legal representative for failing to comply with procedural standards.

“Ms. Hadebe bears the duty to uphold professional integrity in her dealings with the client, the court, and in all professional interactions,” said judge Mogale.

“Therefore, it is my view that the applicant (Ezihe) has failed to make out a proper case for an order compelling the respondents (home affairs officials) to issue the outcome of the applicant’s spousal permit application,” she said.

Ezihe’s application was dismissed.

sinenhlanhla.masilela@iol.co.za

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