CCT15/03

2003 (5) SA 281 (CC)

2003 (8) BCLR 838 (CC)

Chaskalson CJ

27 June 2003

http://hdl.handle.net/20.500.12144/2189

Application for leave to appeal and appeal from a decision of Cape High Court: Eisenberg & Associates v Minister of Home Affairs and Others 2003 (5) BCLR 514 (C).

Chaskalson CJ writing judgment for the unanimous Court found that the regulations promulgated in terms of section 52 of the Immigration Act 13 of 2002 were not subject to section 7 of the sane Act, because the Act did not specify such a condition. Further, it was found that the Minister complied with requirements set out in section 4 of the Promotion of Administrative Justice Act, which deals with administrative action affecting the public, upheld the appeal.