D S L and Others v Minister of Home Affairs and Others (2023-097076; 2023-097111; 2023-097292; 2023-097427; 2023-100081; 2023-100526) [2024] ZAGPJHC 1834 (8 February 2024)

Immigration Act 13 of 2002 – section 49(1)(a) – lawfulness of detention of
foreign national for illegal entry and stay in South Africa in contravention of
Immigration Act 13 of 2002 – such detention is lawful and does not violate section 2
of the Refugees Act 130 of 1998 – the mere expression of an intention to apply for
asylum does not trigger the protections in section 2 of the Refugees Act 130 of 1998
until good cause for the illegal entry and stay is shown – Refugees Act 130 of 1998 –
section 21(1B) – requirement to show good cause for illegal entry and stay in South
Africa is disjunctive to application for asylum – regulation 8(3) – requirement to show
good cause for illegal entry into South Africa before being permitted to apply for
asylum is consistent with Article 31 of the 1951 United Nations Convention Relating
to the Status of Refugees – protection in section 2 of the Refugees Act 130 of 1998
begins when application for asylum has been made.
Stare decisis – whether high court can deviate from Constitutional Court decision –
Constitution Seventeenth Amendment Act 2012 – Constitutional Court - highest Court in all matters – decisions binding on all Courts – decision in Ashebo v Minister of Home Affairs has settled the law - binding authority.