South Africa Case Law

Booysen and Others v Minister of Home Affairs and Another (CCT 8/01)

Booysen and Others v Minister of Home Affairs and Another (CCT 8/01) [2001] ZACC 20; 2001 (4) SA 485 (CC); 2001 (7) BCLR 645 (CC) (4 June 2001)

Court

Constitutional Court

Case number

CCT 8/01

Judges

Sachs, Chaskalson, Ackermann, Goldstone, Kriegler, Madala, Mokgoro, Ngcobo, Madlanga, Somyalo

Sections 26(2)(a) and 26(3)(b) of the Aliens Control Act unjustifiably limit the constitutionally protected right to dignity of South Africans and their foreign spouses by imposing requirements that disrupt family life and prevent spouses from living together and supporting each other. The requirement for foreign spouses to apply for work permits from outside South Africa and the restriction on issuing permits only to those with scarce skills are not justified under the Constitution. The High Court's declarations of invalidity are confirmed, with the suspension of invalidity for 12 months to…

Source excerpt

• Right To Dignity
• Constitutional Invalidity
• Aliens Control Act
• Family Unity
• Suspension Of Invalidity

Dawood and Another v Minister of Home Affairs and Others ; Shalabi and Another v Minister of Home Affairs and Others ; Thomas and Another v Minister of Home Affairs and Others (CCT35/99)

Dawood and Another v Minister of Home Affairs and Others ; Shalabi and Another v Minister of Home Affairs and Others ; Thomas and Another v Minister of Home Affairs and Others (CCT35/99) [2000] ZACC 8; 2000 (3) SA 936; 2000 (8) BCLR 837 (7 June 2000)

Court

Constitutional Court

Case number

CCT35/99

Judges

O'Regan, Chaskalson, Langa, Goldstone, Kriegler, Madala, Mokgoro, Ngcobo, Sachs, Yacoob, Cameron

The Constitutional Court struck down section 25(9)(b) read with sections 26(3) and (6) of the Aliens Control Act for unfairly burdening foreign spouses.

• Right To Dignity
• Immigration Permits
• Aliens Control Act
• Discretionary Powers
• Family Unity
• Limitations Clause