JOHANNESBURG - The Constitutional Court has slammed the reasons provided by the State for failing to amend the Immigration Act.It includes a section which doesn’t provide that an undocumented foreigner, detained for deportation, has to to appear before a court within 48 hours, like other accused persons.
In a ruling handed down on Monday, the Constitutional Court agreed there was now clarity and certainty required. But it maintained that it couldn’t extend a suspension period after it had expired and so instead issued a supplementary order which lays out the process to be followed pending the enactment of remedial legislation.In the meantime, though, the Home Affairs Minister and director-general have been slapped with personal costs order over the "shambolic litigation", - in which Lawyers for Human Rights, despite being the applicant in the original case, was not even joined.
The court has further slammed the reasons advanced by the director-general for missing the original deadline to amend the legislation. The list included the COVID-19 pandemic and last year’s fire at Parliament, which the court labelled "wholly unsustainable".
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