Immigration law / Extradition

This matter engages the jurisdiction of this Court as it involves a constitutional challenge to section 4(1)(b) of the Act. Beyond this, it raises arguable points of law of general public importance, such as the definition of a political crime, the proper interpretation and application of the “exclusion clause”, whether an internal appeal process is available to an excluded person under the Act, as well as what the rights are of an excluded person who may be persecuted upon returning to her country of origin. These are issues of great importance to asylum seekers and refugees, and impact their right to fair administrative action.

28 September 2018 | Judicial Body: South Africa: Constitutional Court | Document type: Case Law | Topic(s): Exclusion clauses - Extradition - Serious non-political crime | Countries: Serbia - South Africa

20 September 2010 | Judicial Body: South Africa: Constitutional Court | Document type: Case Law | Topic(s): Constitutional law - Extradition | Countries: South Africa

28 May 2001 | Judicial Body: South Africa: Constitutional Court | Document type: Case Law | Topic(s): Constitutional law - Criminal justice - Death penalty - Extradition - Freedom from torture, inhuman and degrading treatment - Immigration law - Legal representation / Legal aid - Terrorism | Countries: South Africa - Tanzania, United Republic of