The Department of Home Affairs has gazetted a ministerial determination in which reference is made to a Constitutional Court ruling handed down in June 2017. The ruling declared invalid certain sections of the Immigration Act, 2002, dealing with procedures to be followed when detaining an illegal foreigner.
The defective sections not having been remedied several years after the stipulated deadline expired, the Constitutional Court addressed this matter in a judgment handed down in October 2023.
Published by SA Legal Academy Policy Watch