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South Africa: Constitutional Court

The Constitutional Court is South Africa's highest court on constitutional matters - the interpretation, protection and enforcement of the Constitution. Its jurisdiction is restricted to constitutional matters and issues connected with decisions on constitutional matters. Website: www.constitutionalcourt.org.za/site/home.htm
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Ruta v Minister of Home Affairs [2018] ZACC 52

At issue are the reach of the Refugees Act and of the Immigration Act as well as the interplay between these two statutes; the effect of delay on entitlement to apply for refugee status; the operation of the exclusionary provisions of the Refugees Act, particularly section 4(1)(b); and whether this section applies only to crimes committed outside South Africa. Also at issue is the fidelity of the Supreme Court of Appeal to its own judgments and whether in this case commitment to precedent (stare decisis) was breached.

20 December 2018 | Judicial Body: South Africa: Constitutional Court | Document type: Case Law | Topic(s): Deportation / Forcible return - Illegal immigrants / Undocumented migrants - Refugee status determination (RSD) / Asylum procedures - Serious non-political crime | Countries: Rwanda - South Africa

Ahmed and Others v Minister of Home Affairs and Another (CCT273/17)

Immigration Directive 21 of 2015 — validity of directive — imposes blanket ban on asylum seekers applying for visas under Immigration Act 13 of 2002 — inconsistent with Immigration Act — invalid

9 October 2018 | Judicial Body: South Africa: Constitutional Court | Document type: Case Law | Topic(s): Residence permits / Residency - Visas | Countries: South Africa

Gavrić v Refugee Status Determination Officer, Cape Town and Others [2018] ZACC 38

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

Lawyers for Human Rights v Minister of Home Affairs and Others

29 June 2017 | Judicial Body: South Africa: Constitutional Court | Document type: Case Law | Topic(s): Illegal immigrants / Undocumented migrants - Immigration Detention - Refugee status determination (RSD) / Asylum procedures | Countries: South Africa

Mail and Guardian Media Limited and others v. M J Chipu N.O. (Chairperson of the Refugee Appeal Board) and others

27 September 2013 | Judicial Body: South Africa: Constitutional Court | Document type: Case Law | Topic(s): Confidentiality - Freedom of expression - Persecution based on class/wealth/occupation - Refugee status determination (RSD) / Asylum procedures - Rule of law / Due process / Procedural fairness | Countries: Czech Republic - South Africa

President of the Republic of South Africa v Quagliani

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

Koyabe and Others v Minister for Home Affairs

25 August 2009 | Judicial Body: South Africa: Constitutional Court | Document type: Case Law | Topic(s): Deportation / Forcible return - Immigration law - Residence permits / Residency - Work permits | Countries: South Africa

Union of Refugee Women and Others v. Private Security Industry Regulatory Authority and Others

12 December 2006 | Judicial Body: South Africa: Constitutional Court | Document type: Case Law | Topic(s): Refugees - Right to employment - Social group discrimination | Countries: Congo, Democratic Republic of the - South Africa

Union of Refugee Women and Others v Director: Private Security Industry Regulatory Authority and Others

12 December 2006 | Judicial Body: South Africa: Constitutional Court | Document type: Case Law | Topic(s): Right to employment | Countries: South Africa

Kaunda and Others v President of the Republic of South Africa and Others

4 August 2004 | Judicial Body: South Africa: Constitutional Court | Document type: Case Law | Topic(s): Human rights and fundamental freedoms | Countries: South Africa

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