Ex parte: Minister of Home Affairs and Another v Lawyers for Human Rights ; In Re: Lawyers for Human Rights v Minister of Home Affairs and Others (38/16) [2023] ZACC 34 (30 October 2023)

Jurisdiction
South Africa
Citation
Ex parte: Minister of Home Affairs and Another v Lawyers for Human Rights ; In Re: Lawyers for Human Rights v Minister of Home Affairs and Others (38/16) [2023] ZACC 34 (30 October 2023)
Media Neutral Citation
[2023] ZACC 34
Hearing date
25 May 2023
Court
Constitutional Court of South Africa
Case number
38/16
Judges
Zondo CJ, Maya DCJ, Kollapen J, Majiedt J, Makgoka AJ, Potterill AJ, Rogers J, Theron J, Van Zyl AJ
Judgment date
30 October 2023
Language
English
Type
Judgment
Download
Download PDF (644.1 KB)
Flynote

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

 

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Cited documents 36

Judgment 35
  1. Acting Speaker of the National Assembly v Teddy Bear Clinic for Abused Children and Another [2015] ZACC 16 (15 June 2015)
  2. Affordable Medicines Trust and Others v Minister of Health and Another [2005] ZACC 3 (11 March 2005)
  3. Black Sash Trust v Minister of Social Development and Others (Freedom Under Law NPC Intervening) [2017] ZACC 8 (17 March 2017)
  4. Cross-Border Road Transport Agency v Central African Road Services (Pty) Ltd and Another [2015] ZACC 12 (12 May 2015)
  5. Dawood and Another v Minister of Home Affairs and Others; Shalabi and Another v Minister of Home Affairs and Others; Thomas and Another v Minister of Home Affairs and Others [2000] ZACC 8 (7 June 2000)
  6. De Lacy and Another v South African Post Office [2011] ZACC 17 (24 May 2011)
  7. Dlamini v S ; Dladla and Others v S ; S v Joubert ; S v Schietekat (CCT 21/98; CCT 22/98; CCT 2/99; CCT 4/99) [1999] ZACC 8 (3 June 1999)
  8. Economic Freedom Fighters and Others v Speaker of the National Assembly and Another [2017] ZACC 47 (29 December 2017)
  9. Eke v Parsons [2015] ZACC 30 (29 September 2015)
  10. Ex parte: Minister of Social Development and Others [2006] ZACC 3 (9 March 2006)
  11. General Council of the Bar of South Africa v Jiba and Others [2019] ZACC 23 (27 June 2019)
  12. Janse van Rensburg and Another v Minister of Trade and Industry and Another [2000] ZACC 18 (29 September 2000)
  13. Ka Mtuze v Bytes Technology Group South Africa (Pty) Ltd and Others [2013] ZACC 31 (12 September 2013)
  14. Kekana v Society of Advocates of SA (57/1998) [1998] ZASCA 54 (1 June 1998)
  15. Khumalo and Another v Member of the Executive Council for Education KwaZulu-Natal [2013] ZACC 49 (18 December 2013)
  16. Lawyers for Human Rights v Minister of Home Affairs and Others [2017] ZACC 22 (29 June 2017)
  17. Limpopo Provincial Council of South African Legal Practice Council v Chueu Incorporated Attorneys and Others (459/2022) [2023] ZASCA 112 (26 July 2023)
  18. MEC for Health, Eastern Cape and Another v Kirland Investments (Pty) Ltd [2014] ZACC 6 (25 March 2014)
  19. Mahlangu and Another v Mahlangu and Others (341 of 2016) [2017] ZASCA 81 (2 June 2017)
  20. Member of the Executive Council for Health, Gauteng v Lushaba [2016] ZACC 16 (23 June 2016)
  21. Minister of Justice v Ntuli [1997] ZACC 7 (5 June 1997)
  22. Phillips and Another v Director of Public Prosecutions and Others [2003] ZACC 1 (11 March 2003)
  23. Public Protector v South African Reserve Bank [2019] ZACC 29 (22 July 2019)
  24. Qwelane v South African Human Rights Commission and Another [2021] ZACC 22 (30 July 2021)
  25. S S v V V S [2018] ZACC 5 (1 March 2018)
  26. S.O.S Support Public Broadcasting Coalition and Others v South African Broadcasting Corporation (SOC) Limited and Others [2018] ZACC 37 (28 September 2018)
  27. Secretary of Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in Public Sector including Organs of State v Zuma [2021] ZACC 2 (28 January 2021)
  28. South African Riding for Disabled Association v Regional Land Claims Commissioner and Others [2017] ZACC 4 (23 February 2017)
  29. South African Social Security Agency and Another v Minister of Social Development and Others (Corruption Watch as Amicus Curiae) [2018] ZACC 26 (30 August 2018)
  30. Stainbank v South African Apartheid Museum at Freedom Park and Another [2011] ZACC 20 (9 June 2011)
  31. Thint (Pty) Ltd v National Director of Public Prosecutions and Others; Zuma and Another v NDPP and Others [2008] ZACC 13 (31 July 2008)
  32. Women’s Legal Centre Trust v President of the Republic of South Africa and Others [2022] ZACC 23 (28 June 2022)
  33. Zondi v Member of the Executive Council for Traditional and Local Government Affairs and Others [2005] ZACC 18 (29 November 2005)
  34. amaBhungane Centre for Investigative Journalism NPC and Another v Minister of Justice and Correctional Services and Others ; Minister of Police v amaBhungane Centre for Investigative Journalism NPC and Others [2021] ZACC 3 (4 February 2021)
  35. e.tv (Pty) Limited v Minister of Communications and Digital Technologies and Others; Media Monitoring Africa and Another v e.tv (Pty) Limited and Others [2022] ZACC 22 (28 June 2022)
Legislation 1
  1. Immigration Act, 2002

Documents citing this one 4

Judgment 4
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  2. Johannesburg Fire Victims Support Group v City of Johannesburg Metropolitan Municipality and Others (2023-120529) [2023] ZAGPJHC 1491 (7 December 2023)
  3. South African Securitisatioh Programme (RF) Limited and Another v Heartbeat Business Enterprise (Pty) Limited and Others (AR 285/22) [2023] ZAKZPHC 141 (17 November 2023)
  4. Standard Bank of South Africa Limited and Others v Master of High Court, Cape Town and Others (16103/2022) [2023] ZAWCHC 169 (16 November 2023)