Chima v Minister of Home Affairs (332/2002)
Chima v Minister of Home Affairs (332/2002) [2002] ZAECHC 11 (25 April 2002)
The court found that the applicant had no lawful right to remain in South Africa, having failed to comply with the conditions of his temporary residence permit and having obtained extensions fraudulently. The arrest and detention under sections 53(1) and 53(2) of the Aliens Control Act were lawful, as the applicant was not entitled to be in the country and was afforded opportunities to make representations, which he refused. The procedural attacks based on alleged bad faith, absence of a detention warrant, and lack of a hearing were rejected. The applicant's own conduct, including manipulatio…
Source excerpt
- Aliens Control Act
- Detention And Removal Of Aliens
- Procedural Fairness
- Customary Marriage Status