Samotse and Another v Minister of Home Affairs and Others (60113/2014) [2014] ZAGPPHC 1001 (23 December 2014)

Samotse and Another v Minister of Home Affairs and Others (60113/2014) [2014] ZAGPPHC 1001 (23 December 2014)

The court found that the deportation of the first applicant to Botswana, where he faced the death penalty, was both unlawful and unconstitutional. This was because the officials of the Department of Home Affairs acted in direct contravention of an order of non-surrender issued by the Minister of Justice and Correctional Services and an interdict from the court. The conduct infringed the first applicant's constitutional rights to dignity, life, and protection from cruel, inhuman or degrading treatment. The court rejected the respondent's argument that the issues were hypothetical, noting repeated failures by officials to heed Constitutional Court pronouncements. The court ordered the...

Citation
[2014] ZAGPPHC 1001
Parties
Applicant: Edwin Samotse; Applicant: Lawyers for Human Rights; Respondent: Minister of Home Affairs; Respondent: Mr Matlou; Respondent: Mr Madimetja Mogale; Respondent: President of the Republic of South Africa; Respondent: Minister of International Relations and Co-operation
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 December 2014
Case Number
60113/2014
Procedural Posture
Urgent Application / Post Hearing Judgment and Supervisory Order
Outcome
Application granted. The deportation was declared unlawful and unconstitutional. Supervisory and declaratory orders issued against the Department of Home Affairs and related respondents.
Judges
E Bertelsmann
Legal Topics
Extradition, Death Penalty, Fundamental Rights, Standing Operating Procedures, Condonation, Unlawful Deportation
Constitutional Law Administrative Law Extradition Death Penalty Fundamental Rights Standing Operating Procedures Condonation Unlawful Deportation

Case Brief

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Parties

Edwin Samotse

Applicant

Lawyers for Human Rights

Applicant

Minister of Home Affairs

Respondent

Mr Matlou

Respondent

Mr Madimetja Mogale

Respondent

President of the Republic of South Africa

Respondent

Minister of International Relations and Co-operation

Respondent

Procedural Posture

Urgent Application / Post Hearing Judgment and Supervisory Order

Legal Issues

  1. 1 Whether the deportation of the first applicant to Botswana, where he faces the death penalty, was unlawful and unconstitutional.
  2. 2 Whether the conduct of immigration officials infringed the first applicant's rights to dignity, life, and freedom from cruel, inhuman or degrading treatment under the Constitution.
  3. 3 Whether the Department of Home Affairs must implement standing operating procedures to prevent future unlawful deportations in similar circumstances.

Ratio Decidendi

The court found that the deportation of the first applicant to Botswana, where he faced the death penalty, was both unlawful and unconstitutional. This was because the officials of the Department of Home Affairs acted in direct contravention of an order of non-surrender issued by the Minister of Justice and Correctional Services and an interdict from the court. The conduct infringed the first applicant's constitutional rights to dignity, life, and protection from cruel, inhuman or degrading treatment. The court rejected the respondent's argument that the issues were hypothetical, noting repeated failures by officials to heed Constitutional Court pronouncements. The court ordered the...

Court Disposition

Application granted. The deportation was declared unlawful and unconstitutional. Supervisory and declaratory orders issued against the Department of Home Affairs and related respondents.

Orders

  • It is declared that the deportation/surrender of the first applicant to Botswana on 13 August 2014 was unlawful and unconstitutional.
  • It is declared that the conduct of immigration officials infringed the first applicant's rights to dignity, life, and protection from cruel, inhuman or degrading treatment under sections 10, 11, and 12(1)(d) of the Constitution.