SL and Others v Minister of Home Affairs and Others (2016/ 01352) [2016] ZAGPJHC 47 (26 February 2016)

SL and Others v Minister of Home Affairs and Others (2016/ 01352) [2016] ZAGPJHC 47 (26 February 2016)

The court found that the applicants, four Thai nationals detained at Lindela pending deportation, were not properly dealt with under the Prevention and Combating of Trafficking in Persons Act 7 of 2013, despite credible suspicion that they may be victims of trafficking for sexual exploitation. The respondents failed to apply the appropriate statutory framework and did not provide adequate explanation for the prolonged detention or delay in deportation. The court held that the state has a positive constitutional duty to protect suspected victims of trafficking and that the applicants must be released from Lindela and placed in a designated place of safety, with their status to be assessed...

Citation
[2016] ZAGPJHC 47
Parties
Applicant: S L; Applicant: T H; Applicant: C D; Applicant: C K; Respondent: Minister of Home Affairs; Respondent: Minister of Police; Respondent: Bosasa Group of Companies t/a Lindela Repatriation Facility; Amicus: Commission for Gender Equality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 February 2016
Case Number
2016/ 01352
Procedural Posture
Urgent Application / Interim Relief and Final Determination in Urgent Motion Court
Outcome
Application granted in part; applicants released from Lindela and placed in a place of safety pending assessment under the Prevention and Combating of Trafficking in Persons Act; costs reserved.
Judges
Modiba
Legal Topics
Trafficking in Persons, Prevention and Combating of Trafficking in Persons Act, Immigration Detention, Constitutional Rights Protection, Interim Relief, Judicial Review of Administrative Action
Administrative Law Constitutional Law Civil Procedure Trafficking in Persons Prevention and Combating of Trafficking in Persons Act Immigration Detention Constitutional Rights Protection Interim Relief +1 more

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Parties

S L

Applicant

T H

Applicant

C D

Applicant

C K

Applicant

Minister of Home Affairs

Respondent

Minister of Police

Respondent

Bosasa Group of Companies t/a Lindela Repatriation Facility

Respondent

Commission for Gender Equality

Amicus

Procedural Posture

Urgent Application / Interim Relief and Final Determination in Urgent Motion Court

Legal Issues

  1. 1 Whether the continued detention of the applicants at Lindela is lawful and justified.
  2. 2 Whether the applicants are victims of trafficking in persons and entitled to protection under the Prevention and Combating of Trafficking in Persons Act 7 of 2013.
  3. 3 Whether the respondents fulfilled their constitutional and statutory duties in dealing with suspected victims of trafficking.

Ratio Decidendi

The court found that the applicants, four Thai nationals detained at Lindela pending deportation, were not properly dealt with under the Prevention and Combating of Trafficking in Persons Act 7 of 2013, despite credible suspicion that they may be victims of trafficking for sexual exploitation. The respondents failed to apply the appropriate statutory framework and did not provide adequate explanation for the prolonged detention or delay in deportation. The court held that the state has a positive constitutional duty to protect suspected victims of trafficking and that the applicants must be released from Lindela and placed in a designated place of safety, with their status to be assessed...

Court Disposition

Application granted in part; applicants released from Lindela and placed in a place of safety pending assessment under the Prevention and Combating of Trafficking in Persons Act; costs reserved.

Orders

  • The matter is declared urgent and forms of service are dispensed with.
  • The applicants are to be released from Lindela upon receipt of the order.