Lawyers for Human Rights v Minister of Home Affairs and Others [2017] ZACC 22 (29 June 2017)

Immigration Act 13 of 2002 — unconstitutionality of section
34(1)(b) and (d) — invalid

Ex parte application for “revival” of a lapsed suspension of
invalidity — legally incompetent — Constitutional Court is
empowered to supplement its previous order under
section 172(1)(b) of the Constitution

Criminal Procedure Act 51 of 1977 — Section 276B — non-retrospectivity of non-parole periods in terms of section 276B — non-applicability of section 276B at the time of sentencing.

Section 12(1)(a) of the Constitution — substantive and procedural requirements — fatal misdirection where no opportunity to make representations on non-parole period

 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 A v Minister of Home Affairs has settled the law - binding authority.