Synopsis:
Challenge brought in the public interest against sections 34(8) and 34(2) of the Immigration Act 13 of 2002, which allow illegal foreigners to be detained prior to deportation, without any upper time limit applying. Yacoob J (for the majority) granted standing in the public interest because of importance of right curtailed and vulnerability of the group. He held that the scheme was a justifiable limitation on the s 12 right, except insofar as a court order was not required for detention of more than 30 days. Dissenting judgment by Madala J.
