Lawyers for Human Rights has welcomed the Constitutional Court judgment that held Home Affairs Minister Aaron Motsoaledi and the Director-General personally liable for failure to enact corrective legislation for parts of the Immigration Act.
So far, Parliament has failed to remedy the defects and the period of suspension of invalidity expired on 29 June 2019. This comes after six years have passed without the enactment of corrective legislation concerning the Immigration Act. It did not adequately protect the rights of persons detained for purposes of deportation under the Act, causing confusion and uncertainty in the law.
As a result, the court ordered, among other things, that Parliament be afforded 12 months to remedy the defects.
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