Samotse and Another v Minister of Home Affairs and Others (60113/2014)
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 repea…
Source excerpt
- Extradition
- Death Penalty
- Fundamental Rights
- Standing Operating Procedures
- Condonation
- Unlawful Deportation