Legal Articles and Guides
Two British nationals have been fined R50 000 each for illegally entering SA during the lockdown.
Home Affairs Minister Aaron Motsoaledi says he and other stakeholders in the stand-off between refugees and authorities in Cape Town have been asked to appear before the parliamentary portfolio committee.
Fees Must Fall activist Mcebo Dlamini has been given a suspended sentence following his plea and a sentencing agreement relating to public violence and contravening the provisions of the Immigration Act.
The UN High Commissioner for Refugees (UNHCR) reiterated it will not be able to resettle the large group of refugees involved in a stand-off with Cape Town's Law Enforcement Unit, which is preventing them from sleeping on pavements in the CBD.
The Constitutional Court has ruled in favour of five applicants, born in SA to foreign parents, who were seeking to apply for citizenship.
Five American families and the special needs SA children they have legally adopted will finally be able to go home after the Home Affairs Department agreed to issue the necessary documents and passports.
The state has been given 24 months to fix laws that require foreign spouses of locals to travel to their home countries to renew visas. The Cape Times reports in a majority judgment, the Constitutional Court ruled that the requirement by Home Affairs was constitutionally invalid.
A landmark court order has eliminated administrative barriers for asylum-seeking and refugee families whose dependents may now apply to be documented either through family-joining or on their own terms, says a Cape Times report.
The Scalabrini Centre is going back to court to demand that an official be appointed to oversee the reopening of the Cape Town Refugee Reception Office, says a Cape Argus report.
Although the Kempton Park Magistrate's Court has ruled that former Mozambican Finance Minister Manuel Chang can be extradited to the US, where he is wanted on charges related to a $2bn debt scandal, the ruling effectively constitutes only a recommendation to Justice Minister Michael Masutha, who has the final say.
Eight years of damning judgments about its treatment of immigrants have failed to make the Home Affairs Department mend its ways, the acting President of the SCA said on Friday in dismissing the department's latest attempt to defend its shortcomings.
Malusi Gigaba, former Home Affairs Minister, was 'incorrect' in granting members of the Gupta family early naturalisation, MPs have decided. The National Assembly's Home Affairs Committee did not recommend sanctions against Gigaba but recommended that criminal charges be laid against Gupta lieutenant Ashu Chawla and members of the Gupta family 'relating to false information submitted in their early naturalisation applications', reports News24.
Lawyers for Human Rights (LHR) has described the decision by the Gauteng High Court (Pretoria) to dismiss an application by eight Somali asylum seekers to review their rejected applications as shocking. The LHR’s Wayne Ncube said the organisation intended to appeal the decision.
It is hoped that the compassionate approach to immigration – in the unanimous judgment by Constitutional Court Justice Edwin Cameron in Ruta v Minister of Home Affairs – will be adopted by the department, notes legal journalist Ohene Yaw Ampofo-Anti in an examination of the judgment on the GroundUp site.
Haunted by the knowledge that their children’s futures are slipping away as a result of Home Affairs officials’ refusal to issue them with birth certificates – a group of SA parents has filed a class action against the department. A Daily Dispatch report says the main aim of the legal action – led by lead counsel Lilla Crouse SC – is to stop officials from demanding DNA tests that cost thousands of rands before children are issued with a birth certificate.