The Constitutional Court has ordered Home Affairs Minister Aaron Motsoaledi and Director-General Livhuwani Makhode to pay, from their own pockets, some of the legal costs incurred by Lawyers for Human Rights for their “appalling” conduct in a case concerning the rights of undocumented immigrants.
The minister and director-general, without notice to LHR, then sought an extension of the Constitutional Court ruling. Another “grim” excuse was that members of parliament were focused on the national elections in 2019, “an acknowledgement, on the face of it, that campaigning for re-election was far more important to Members of Parliament than meeting the deadline for the enactment of remedial legislation”.
LHR, however, argued that the excuses were “untenable”. The application should not be withdrawn. Instead, the court must intervene and remedy the constitutional defects. “The applicants’ legal representatives had abysmally failed in their duty to represent their clients in a manner required by their professional rules. The legitimacy of our judicial system will fall into disrepute if the shockingly poor conduct of litigation, as in the present instance, is allowed to continue unchecked.
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