Immigration — Legislation – Immigration Control Act, 7 of 1993 – Application for permanent residence permit – Section 26 (3) (d)– Application for work permit – Section 27 (2) (b) – Requirements for – Applicants averring they have met the requirements for the sections in so far as necessary– and that their applications were rejected based on their same-sex relationships –  as such discriminatory against them.

Claim for repayment based on contract — Interpretation

Contract – fictional fulfilment – plaintiff has legal duty to assist the condition being fulfilled – where it deliberately and in bad faith prevents the fulfilment of the condition in order to escape the consequence of the contract, the law will consider the unfulfilled condition to have been fulfilled as against the person guilty of bad faith (See Koenig v Johnson & Co Ltd 1935 AD 262, at page 272).