Nandutu and Others v Minister of Home Affairs and Others

Case Number:
CCT114/18
Citations:
[2019] ZACC 24
Citations:
2019 (8) BCLR 938 (CC)
Citations:
2019 (5) SA 325 (CC)
Judge:
Mhlantla J Majority judgment
Judge:
Froneman J separate judgment
Hearing Date:
21 February 2019
Judgment Date:
28 June 2019
Case History:
Application for direct leave to appeal against a judgment of the Cape Town High Court: Nandutu and Others v Minister of Home Affairs and Others (11440/17) [2018] ZAWCHC 47; [2018] 3 All SA 259 (WCC) (18 April 2018).
Synopsis:
Immigration Regulations — validity of regulation 9(9)(a) — foreign spouses or children of citizens or permanent residents must leave the country to apply for a change of visa status — inconsistent with Constitution — unjustifiably limits right to dignity and rights of children — constitutionally invalid Interim relief — order of declaration of invalidity granted and suspended for 24 months — interim reading-in order granted
Judgment:
Full judgment

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