Home Affairs Minister wins case for the extradition of foreign nationals who commit crime

Johnathan Paoli

THE South Gauteng High Court in Johannesburg, has ruled on Monday in favour of Minister of Home Affairs Aaron Motsoaledi following an application by a group of illegal immigrants that their detention at the Modderbee Correctional Services Centre in Benoni was unlawful and against Immigration and Refugee Acts.

The court, in its judgment, found no basis for this argument, saying the mere expression of intention to apply for asylum does not trigger the protections in section 2 of the Refugees Act 130 of 1998 section 21(1b) requirement to show good cause for illegal entry and stay in the country.

At the centre of the matter is an application made by Thomas Godiso, Abi Osman Yusuf and four others on an urgent basis, seeking to interdict the Minister and other respondents from detaining, prosecuting and deporting them until their status has been lawfully and finally confirmed in terms of