Rayment and Others v Minister of Home Affairs and Others ; Anderson and Others v Minister of Home Affairs and Others (CCT 176/22) [2023] ZACC 40 (4 December 2023)

Citation: Rayment and Others v Minister of Home Affairs and Others ; Anderson and Others v Minister of Home Affairs and Others (CCT 176/22) [2023] ZACC 40 (4 December 2023)
Media Neutral Citation: [2023] ZACC 40
Hearing date: 28 February 2023
Court: Constitutional Court of South Africa
Case number: CCT 176/22
Judges: Zondo CJ, Kollapen J, Madlanga J, Majiedt J, Makgoka AJ, Mathopo J, Potterill AJ, Rogers J, Theron J
Judgment date: 4 December 2023
Language: English
Type: Judgment
Media summary: Download PDF (221.1 KB)

Flynote

Immigration Act 13 of 2002 — invalidity of sections 10(6), 11(6) and 18(2) — Immigration Regulations — invalidity of regulation 9(9)(a) — inconsistent with the Constitution

Sections 8, 21 and 28 of the Constitution — children’s rights — section 36 of the Constitution — unjustifiable limitation

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Cited documents 14

Act

Constitution of the Republic of South Africa, 1996

Citizenship and Immigration · Education · Environment, Climate and Wildlife · Health and Food Safety · Human Rights · International Law · Labour and Employment · Public administration

Promotion of Administrative Justice Act, 2000

Dispute Resolution and Mediation · Human Rights

Children's Act, 2005

Human Rights

Immigration Act, 2002

Citizenship and Immigration

Recognition of Customary Marriages Act, 1998

Human Rights

Marriage Act, 1961

Human Rights

Civil Union Act, 2006

Human Rights

Judgment

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)

Reported

Commercial — Constitutional Law · Refugees — Constitutional law — Bill of Rights · Refugees — Refugee — Rights of refugees

M v S (CCT 53/06) [2007] ZACC 18 (26 September 2007)

Reported

City of Johannesburg Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Another [2011] ZACC 33 (1 December 2011)

Reported

Dladla and Others v City of Johannesburg and Others (CCT 124/16) [2017] ZACC 42 (1 December 2017)

Temporary housing accommodation — constitutionality of Shelter rules — requirement that residents leave during day — prohibition on opposite-sex partners living together — Shelter rules unlawfully limited sections 10, 12 and 14 of the Constitution

Nandutu and Others v Minister of Home Affairs and Others [2019] ZACC 24 (28 June 2019)

Reported

Association of Mine Workers and Construction Union and Others v Royal Bafokeng Platinum Mine Limited and Others [2020] ZACC 1 (23 January 2020)

Reported

Booysen and Others v Minister of Home Affairs and Another [2001] ZACC 20 (4 June 2001)

Reported