Long queues at the Home Affairs regional office in Marabastad, Pretoria.
While the state is entitled to pursue legitimate interests in immigration control, that cannot justify reliance on unsubstantiated and prejudicial characterisations.
Justice Steven Majiedt made the comment as the Constitutional Court on Tuesday confirmed an earlier high court judgment declaring several sections of the Refugees Act and Refugee Regulations invalid as it has been unlawfully used to bar newcomer asylum seekers from applying for asylum.
The Scalabrini Centre of Cape Town earlier approached the Western Cape High Court to challenge provisions of the Refugees Act and accompanying regulations that have systematically denied new asylum seekers access to the asylum system.
The court last year found that several sections of the Refugees Act and Refugee Regulations are inconsistent with the Constitution and therefore invalid. Scalabrini argued that preventing refugees from applying violates their fundamental right not to be returned to violence and persecution. Instead of being afforded protection, new asylum applicants have been arrested, detained, and face deportation, in direct contravention of South Africa’s constitutional and international obligations, it said.
