Rahim and Others v Minister of Home Affairs (2777/2010; 3707/2010)
Rahim and Others v Minister of Home Affairs (2777/2010; 3707/2010) [2013] ZAECPEHC 34 (9 July 2013)
The court found that the plaintiffs were illegal foreigners as their asylum applications had been rejected and their permits had lapsed. The places of detention, namely prisons and police cells, were valid under the Immigration Act and did not require specific designation by the Director-General. The conditions of detention did not violate the plaintiffs' fundamental rights, and the evidence of the defendant's witnesses regarding the standards of detention was accepted. The plaintiffs were notified of their rights as far as practicable, and the immigration officials exercised discretion in ar…
Source excerpt
- Unlawful Arrest
- Unlawful Detention
- Immigration Act Interpretation
- Refugees Act Permit Expiry
- Minimum Detention Standards