Western Cape High Court Declares Provisions of Refugees Act Unconstitutional
Categories:
Policy & Regulation
Rights
SIHMA
South Africa Law Protection Asylum Seekers
Statelessness
UNHCR
The Western Cape High Court has delivered a groundbreaking judgment, declaring key provisions of the Refugees Act and its regulations unconstitutional. The ruling, brought by the Scalabrini Centre of Cape Town and Lawyers for Human Rights, challenges policies that denied asylum seekers access to the system, leading to their arrest and deportation without due process. Key findings include the invalidation of provisions that excluded individuals on procedural grounds and regulations that barred most new asylum seekers...