Kaunda and Others v President of the Republic of South Africa and Others

Kaunda and Others v President of the Republic of South Africa and Others

dc.concourt.casehistory	Leave to appeal to the Constitutional Court against decision of the High Court; application for leave to appeal is granted. Constitutional Court dismisses appeal against the judgment of the High Court; order made by Ngoepe JP in the High Court confirmed.
dc.concourt.synopsis	Appeal against judgment of the High Court in Pretoria. The applicants were South African citizens held in Zimbabwe on various charges, who might face extradition to Equatorial Guinea. They contended that their rights to dignity, freedom and security of the person, including the right not to be treated or punished in a cruel inhuman or degrading way, and the right to a fair trial and conditions of detention were being threatened / infringed. They sought an order compelling the government to take urgent steps, including diplomatic representations. Application for leave to appeal directly to the Constitutional Court granted. Majority: Chaskalson CJ. Langa DCJ and Justices Moseneke, Skweyiya, van der Westhuizen, and Yacoob concurring. Held: appeal dismissed. Held, further: A privilege and benefit of South African citizenship is an entitlement to request the government for protection against a foreign state. The government must deal with the request consistently with the Constitution. It has a wide discretion. Here, its policies are not inconsistent with international law or the Constitution. Sep concurrences: Ngcobo J, Sachs J. Dissent: O'Regan J (Mokgoro J concurring)
dc.contributor.judge	Chaskalson CJ Majority judgment
dc.contributor.judge	Ngcobo J separate judgment
dc.contributor.judge	Sachs J separate judgment
dc.contributor.judge	O'Regan J dissenting judgment
dc.date.accessioned	2017-04-08T17:02:58Z
dc.date.available	2017-04-08T17:02:58Z
dc.date.created	2004-11-11	en
dc.date.hearing	19 and 20 July 2004
dc.date.judgment	4 August 2004
dc.identifier.casenumber	CCT23/04	en
dc.identifier.citation	[2004] ZACC 5
dc.identifier.citation	2005 (4) SA 235 (CC)
dc.identifier.citation	2004 (10) BCLR 1009 (CC)
dc.identifier.uri	http://hdl.handle.net/20.500.12144/2216
dc.link.judgment	http://collections.concourt.org.za/bitstream/handle/20.500.12144/2216/Full%20judgment%20%28454%20Kb%29-2343.pdf?sequence=1&isAllowed=y
dc.title	Kaunda and Others v President of the Republic of South Africa and Others	en
dc.title.alternative	CCT23/04	en