This despite the fact that it will now become very expensive to
process the arrests of undocumented migrants.


Lawyers for Human Rights (LHR) has welcomed a unanimous Constitutional
Court ruling upholding the rights of all detainees â€" also alleged
illegal immigrants â€" to access our courts.


The Constitutional Court ruled that sections 34(1)(b) and (d) of the
Immigration Act were inconsistent with the constitution and therefore
invalid and gave parliament 24 months to issue new legislation to
correct the defects in the act.


Although the ruling of invalidity was suspended, the court ruled that
pending the enactment of amended legislation, any undocumented
foreigner detained under section 34 of the act must be brought before
court in person within 48 hours from the time of arrest or not later
than the first court day thereafter if the 48 hours fall outside
ordinary court days.


This also counts for foreigners currently already in detention.


The court ruled that the rights guaranteed in section 12 and 35 of the
constitution â€" the right to challenge in court a detention within 48
hours of arrest and the right to be protected against arbitrary
detention without trial â€" applied to foreign nations as well as South
African citizens.


LHR said in a statement the ruling affirmed that all persons living in
South Africa were protected by the law and not subject to arbitrary
violations of their rights by authorities.


“This ruling will most importantly protect vulnerable individuals
whose detention have in the past fallen beyond the reach of judicial
oversight, resulting in widespread rights violations,” the rights
group said.


LHR thanked Legal Aid South Africa, without whose financial support
they would not have been able to wage a successful battle against
state injustice, as well as People Against Suffering, Oppression and
Poverty (Passop), which intervened in the application as a friend of
the court.


LHR took the matter to the Constitutional Court for confirmation after
the High Court in Pretoria ruled that the sections of the act were
invalid, but Home Affairs appealed the ruling, arguing that the
sections were consistent with the constitution and denying that
arrested foreigners enjoyed the same protection

under the
constitution.


The Constitutional Court dismissed the state’s appeal and upheld the
LHR’s argument that the legislation illegally authorised
administrative detention without trial for purposes of deportation in
violation of the constitution.


The organisation had instituted 115 cases against home affairs since
2009 and provided free legal assistance to arrested and detained
foreigners who were in some instances detained without trial for
periods of up to six months or longer.


Judge Chris Jafta said the LHR’s papers painted an unfortunate picture
of widespread disregard for statutory requirements, which led to a
violation of the rights of vulnerable people.


These lapses revealed shortcomings enacted by the Immigration Act in a
system that was supposedly designed to promote dignity and human
rights.


The state argued that it would increase costs as about 500 foreigners
would have to appear in court daily countrywide, which would require a
massive number of magistrates, but Judge Jafta said the mere increase
in costs alone could not justify denying detainees the right to
challenge the lawfulness of their detention.


He said an increase in costs would be unavoidable if each foreigner
decided to exercise their right to challenge the decision to deport
them, but the state should have budgeted for these costs, which are
necessitated by the implementation of the act.


The court found that the reasons advanced by the state fell woefully
short of justifying the limitation created by the impugned provisions
of the act.


Judge Jafta stressed that arrest and detention without trial had been
commonly used to suppress opposition to laws and policies of the
former apartheid government, with detainees in most cases being beyond
the reach of judicial oversight and subjected to torture and other
forms of violence.


The constitution included section 12 in the Bill of Rights to outlaw
this abuse of power and deprivation of personal freedom by
guaranteeing everyone physical freedom and protection against
detention without trial, Judge Jafta said. V.2002

One of the highlighted topics: Critical Skills Visa.

- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr...
- This matter relates to critical skills visa and its broader implications.
- Individuals are advised to seek professional guidance.

Is your profession on the Critical Skills List? This visa is your fast trac V.6139
Click here for full article

One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.

-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process.
-Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide.
-LHR appeals extension, urges affected people to seek help now.

Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.

In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.

 V.6133
Click here for full article

The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6128
Click here for full article

The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6129
Click here for full article

A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.

Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.

 V.6130
Click here for full article

On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

 V.6131
Click here for full article

The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs.
The United States’ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132
Click here for full article

The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6127
Click here for full article

1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you •If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.•BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121
Click here for full article

Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
Click here for full article