CCT35/99

[2000] ZACC 8

2000 (3) SA 936 (CC)

2000 (8) BCLR 837 (CC)

O'Regan J

23 March 2000

7 June 2000

http://hdl.handle.net/20.500.12144/2084

Application to confirm on order of constitutional invalidity made by the High Court in 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 (1) SA 997 (C) ; 2000 (3) BCLR 331 (C) and an appeal against certain orders made by that Court, confirmed but order altered.

Constitutionality of section 25(4)(b) of the Aliens Control Act 96 of 1991 in so far as foreign spouses married to South African citizens or permanent residents may be refused temporary residence permits (or extension of existing ones) by immigration officials. O'Regan J for the Court, confirmed the High Court's ruling that this provision violated the right to dignity. Immigration officials directed not to refuse to grant or extend the validity of temporary residence permits to such applicants unless good cause for refusal to issue such permits is established.