Ex parte Minister of Home Affairs and Others [2022] ZACC W In re Lawyers for Human Rights v Minister of Home Affairs and Others [2017] ZACC 22
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Date:
30 October 2023
Summary
Ex parte Minister of Home Affairs and Others [2022] ZACC W In re Lawyers for Human Rights v Minister of Home Affairs and Others [2017] ZACC 22
Comments:
The Court ordered that, pending the enactment of remedial legislation within 12 months, and in the event that remedial legislation is not enacted within this period, the provisions listed in the order, which supplement the 2017 Order, apply. These provisions are: (a) an immigration offer must apply the interest of justice criterion when considering the arrest and detention of an illegal foreigner in terms of section 34(1) of the Act; (b) a detained person shall be brought before a court within 48 hours from the time of arrest; (c) the court must apply the interests of justice criterion when this person is brought before it; (d) the court may authorise the further detention of this person if it concludes that the interests of justice do not permit the person’s release; (e) if the further detention of this person is ordered, they must again be brought before the court prior to the expiry of the authorised detention period and the court must again apply the interests of justice criterion at this stage; (f) the court may then again authorise the further detention of this person, but by no more than 90 days, if it concludes that the interests of justice do not permit the person’s release; and (g) whenever this person is brought before a court, they must be given an opportunity to make representations to the court.
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