Van den Berg Attorneys is a vibrant law firm who specialises in administrative law and other litigation against government institutions.

What can we do for you?

Van den Berg Attorneys assists South Africans and foreign nationals with their applications against the Department of Home Affairs, including applications for work permits, residence permits, passports and Identity documents.

We can, in the event of an unreasonable delay by the Department of Home Affairs in issuing any of your personal documents assist you with approaching a court compelling them to issue you with the relevant document, alternatively to provide you with reasons why they cannot do so.

What is an unreasonable delay?

The duration that it should take the Department of Home Affairs to issue a specific document will depend by a case by case basis.  Typically, however, it should not take them longer than 3 months to issue you with any form of permit or other documents, including an appeal against a rejection.

How do we do it?

There is legislation in place protecting individuals against unnecessary and unreasonable delays from the Department of Home Affairs. 

Firstly, we place the Department of Home Affairs on terms to produce your document, or to give reasons why they cannot do so. 

Secondly, when the Department fails to adhere to the letter of demand, we assist you by drafting a Court application and presenting your matter to court.  Typically a court order will then be granted compelling the Department of Home Affairs to issue with your document within 30 days, alternatively to give you reasons why they cannot do so.  We must stress that each matter is unique, and it is not foregone conclusion that such an order will be granted.  Variations of this order are quite common.

What does it cost?

Nothing. Our firm works on the basis that the government will reimburse us for our fees.

Do I need to be in the country to obtain assistance?

Normally yes. However, in extreme circumstances we can arrange to consult with you telephonically.  However, it must be noted that we will require you to sign certain affidavits, of which we will of course require the original.

What can we not do for you?

We do not prepare or lodge the application on your behalf at the offices of VFS or Department of Home Affairs.

We cannot guarantee that the Department of Home Affairs will issue your permit or document. You are responsible to ensure that your original application and supplementary documents are in order and to make sure that they are submitted timeously.

What do you need to do?

You will have to take time out of your schedule to consult with us, and to sign certain power of attorneys and affidavits.

You will also have to ensure that the documents that you give us are correct and in order.  Proof of lodgement of your application for a permit is required, alternatively a very good explanation must be given why you do not have such proof.

What sort of reasons do the Department of Home Affairs give not to issue my permit?

Typically the Department of Home Affairs will reject an application due to the fact that you have not filed all the required supplementary documents, e.g. a valid passport.  Very often we do however find that the reasons for the rejection is unreasonable and convenient which may lead to other remedies. 

 However, the primary purpose of the court application, even if your application is defective, is to remove your matter from limbo and to compel them to provide you with their reasons for the rejection of your application. Thus you can remedy your papers, re-submit your application and finally be issued with your papers.