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Case Note: Ex Parte Minister of Home Affairs and Another

Alfred Mahkuntsu will look at the facts, issues and the applicable law the Court referred to in Ex parte Minister of Home Affairs and Another 2024.

The post CASE NOTE: EX PARTE MINISTER OF HOME AFFAIRS AND ANOTHER appeared first on FW de Klerk Foundation.

Issued by Alfred Mahkuntsu on behalf of the FW de Klerk Foundation:

Introduction: In a judgment handed down on 30 October 2023 the Constitutional Court looked at whether it could revive a law’s suspension for unconstitutionality if Parliament fails to amend the law before the suspension expires. This case note will look at the facts, issues and the applicable law the Court referred to. It will then look at the Court’s application of said law to the facts and issues at hand to explain why the Court reached the conclusion it did.

FACTS: The Minister of Home Affairs and the Director-General of the Department of Home Affairs approached the Constitutional Court on an urgent basis. This followed after the Court had previously declared sections 34(1)(b) and (d) of the Immigration Act 13, 2002 unconstitutional in June 2017. These sections of the Immigration Act allowed officers to arrest illegal foreigners without automatic….continue reading this article HERE.

 

 

Valli Moosa: {1994 – 1999} Moosa was the first Minister of Environmental Affairs and Tourism in the post-apartheid government. He focused on integrating environmental considerations into national policy and promoting conservation efforts across various sectors.

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