By Akani Nkuna
The Constitutional Court has ruled that asylum seekers and their children cannot be denied access to South Africa’s asylum system solely because of procedural failures, declaring key provisions of the Refugees Act and Refugee Regulations unconstitutional.
In a unanimous judgment handed down on Wednesday, the apex court found that protection against persecution must take precedence over administrative technicalities, reaffirming the principle of non-refoulement, which prohibits the return of people to countries where they face persecution.
The ruling was welcomed by the Scalabrini Centre of Cape Town and the trustees of the organisation, the applicants in the matter, as well as the Helen Suzman Foundation and Amnesty International, which participated as amici curiae.
They described the judgment as “a victory for asylum seekers and children”.
In a statement issued by Deneys Reitz Attorneys, the applicants’ legal representatives, the organisations said that under the previous legal framework, asylum seekers
You’ve reached your free article limit
Subscribe to enjoy unlimited access to trusted journalism. Cancel anytime.
Subscribe nowNeed help? molokom@insidepolitic.co.za
