Ex parte: Minister of Home Affairs and Another v Lawyers for Human Rights ; In Re: Lawyers for Human Rights v Minister of Home Affairs and Others (38/16) [2023] ZACC 34 (30 October 2023)

Flynote

Immigration Act 13 of 2002 — unconstitutionality of section
34(1)(b) and (d) — invalid


Ex parte application for “revival” of a lapsed suspension of
invalidity — legally incompetent — Constitutional Court is
empowered to supplement its previous order under
section 172(1)(b) of the Constitution

 


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Cited documents 36

Judgment 35
1. Affordable Medicines Trust and Others v Minister of Health and Another [2005] ZACC 3 (11 March 2005) 150 citations
2. MEC for Health, Eastern Cape and Another v Kirland Investments (Pty) Ltd [2014] ZACC 6 (25 March 2014) 99 citations
3. Public Protector v South African Reserve Bank [2019] ZACC 29 (22 July 2019) 85 citations
4. Eke v Parsons [2015] ZACC 30 (29 September 2015) 67 citations
5. 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 [2000] ZACC 8 (7 June 2000) 52 citations
6. Khumalo and Another v Member of the Executive Council for Education KwaZulu-Natal [2013] ZACC 49 (18 December 2013) 49 citations
7. Thint (Pty) Ltd v National Director of Public Prosecutions and Others; Zuma and Another v NDPP and Others [2008] ZACC 13 (31 July 2008) 47 citations
8. General Council of the Bar of South Africa v Jiba and Others [2019] ZACC 23 (27 June 2019) 34 citations
9. amaBhungane Centre for Investigative Journalism NPC and Another v Minister of Justice and Correctional Services and Others ; Minister of Police v amaBhungane Centre for Investigative Journalism NPC and Others [2021] ZACC 3 (4 February 2021) 25 citations
10. Zondi v Member of the Executive Council for Traditional and Local Government Affairs and Others [2005] ZACC 18 (29 November 2005) 24 citations
11. Dlamini v S ; Dladla and Others v S ; S v Joubert ; S v Schietekat (CCT 21/98; CCT 22/98; CCT 2/99; CCT 4/99) [1999] ZACC 8 (3 June 1999) 22 citations
12. South African Riding for Disabled Association v Regional Land Claims Commissioner and Others [2017] ZACC 4 (23 February 2017) 21 citations
13. Black Sash Trust v Minister of Social Development and Others (Freedom Under Law NPC Intervening) [2017] ZACC 8 (17 March 2017) 18 citations
14. Cross-Border Road Transport Agency v Central African Road Services (Pty) Ltd and Another [2015] ZACC 12 (12 May 2015) 18 citations
15. Phillips and Another v Director of Public Prosecutions and Others [2003] ZACC 1 (11 March 2003) 16 citations
16. Ex parte: Minister of Social Development and Others [2006] ZACC 3 (9 March 2006) 15 citations
17. Qwelane v South African Human Rights Commission and Another [2021] ZACC 22 (30 July 2021) 14 citations
18. Lawyers for Human Rights v Minister of Home Affairs and Others [2017] ZACC 22 (29 June 2017) 13 citations
19. Stainbank v South African Apartheid Museum at Freedom Park and Another [2011] ZACC 20 (9 June 2011) 13 citations
20. Secretary of Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in Public Sector including Organs of State v Zuma [2021] ZACC 2 (28 January 2021) 12 citations
21. Economic Freedom Fighters and Others v Speaker of the National Assembly and Another [2017] ZACC 47 (29 December 2017) 11 citations
22. Minister of Justice v Ntuli [1997] ZACC 7 (5 June 1997) 11 citations
23. De Lacy and Another v South African Post Office [2011] ZACC 17 (24 May 2011) 9 citations
24. South African Social Security Agency and Another v Minister of Social Development and Others (Corruption Watch as Amicus Curiae) [2018] ZACC 26 (30 August 2018) 9 citations
25. Acting Speaker of the National Assembly v Teddy Bear Clinic for Abused Children and Another [2015] ZACC 16 (15 June 2015) 8 citations
26. S S v V V S [2018] ZACC 5 (1 March 2018) 8 citations
27. S.O.S Support Public Broadcasting Coalition and Others v South African Broadcasting Corporation (SOC) Limited and Others [2018] ZACC 37 (28 September 2018) 7 citations
28. e.tv (Pty) Limited v Minister of Communications and Digital Technologies and Others; Media Monitoring Africa and Another v e.tv (Pty) Limited and Others [2022] ZACC 22 (28 June 2022) 7 citations
29. Janse van Rensburg and Another v Minister of Trade and Industry and Another [2000] ZACC 18 (29 September 2000) 6 citations
30. Kekana v Society of Advocates of SA (57/1998) [1998] ZASCA 54 (1 June 1998) 6 citations
31. Ka Mtuze v Bytes Technology Group South Africa (Pty) Ltd and Others [2013] ZACC 31 (12 September 2013) 5 citations
32. Limpopo Provincial Council of South African Legal Practice Council v Chueu Incorporated Attorneys and Others (459/2022) [2023] ZASCA 112 (26 July 2023) 5 citations
33. Mahlangu and Another v Mahlangu and Others (341 of 2016) [2017] ZASCA 81 (2 June 2017) 3 citations
34. Member of the Executive Council for Health, Gauteng v Lushaba [2016] ZACC 16 (23 June 2016) 3 citations
35. Women’s Legal Centre Trust v President of the Republic of South Africa and Others [2022] ZACC 23 (28 June 2022) 3 citations
Legislation 1
1. Immigration Act, 2002 295 citations