Minister Aaron Motsoaledi issues directive to guide immigration officers to comply with Constitutional Court judgement on Immigration Act

Constitutional Court judgement on Section 34(1) of the Immigration Act 13 of 2002

The Minister of Home Affairs, Dr Aaron Motsoaledi has decided to issue a directive in order to guide immigration officers to comply with the order of the Constitutional Court in:

EX PARTE MINISTER OF HOME AFFAIRS AND OTHERS [2022] ZACC IN LAWYERS FOR HUMAN RIGHTS V MINISTER OF HOME AFFAIRS AND OTHERS [2027] ZACC 22

The directive also contains the amended forms to be used during the entire process. The directive will be gazetted today.  The copy of the directive and forms are annexed marked A ”.

Appeal to the Constitutional Court on the ZEP matter

The Minister has lodged an application for leave to appeal to the Constitutional Court against the order of the Supreme Court of Appeal (SCA) in Minister of Home Affairs v Helen Suzman Foundation, dismissing leave to appeal to the SCA.

The Minister has taken this step, as he has decided to exhaust all legal avenues available to him.  This is so because of the public importance of the matter.

Media enquiries:
Thabo Mokgola (Spokesperson for the Minister of Home Affairs)
Cell: 060 962 4982

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