Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Bestmed ordered to reinstate member after unjustified medical aid cancellation

October 26, 2026

Grace Bible Church gathers political leaders for prayer, urges acceptance of 4 November results

October 25, 2026

Africa’s first Pride march changed history; its message still matters today

October 25, 2026
Facebook X (Twitter) Instagram
Trending
  • Bestmed ordered to reinstate member after unjustified medical aid cancellation
  • Grace Bible Church gathers political leaders for prayer, urges acceptance of 4 November results
  • Africa’s first Pride march changed history; its message still matters today
  • Public interest law gathering to tackle land justice, migration and threats to human rights
  • The reinstatement of Lulama Oliphant: What a government spokesperson really is
  • Sebokeng grandmother secures title deed after years of dispute with brother-in-law
  • The ANC could pay the electoral price for a Home Affairs directive issued under a DA minister
  • Carrim’s battle, Sibiya’s bail refusal and alleged staged kidnapping headline lower court cases
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Western Cape High Court declares asylum provisions of the Refugees Act unconstitutional
Constitutional Law

Western Cape High Court declares asylum provisions of the Refugees Act unconstitutional

Government urged to revise asylum policies after key provisions struck down
Kennedy MudzuliBy Kennedy MudzuliMay 16, 2025No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
The Scalabrini Centre of Cape Town, represented by Lawyers for Human Rights, has scored a major victory in the Western Cape High Court.
Share
Facebook Twitter LinkedIn Pinterest Email

The High Court of South Africa's Western Cape Division has declared several provisions of the Refugees Act unconstitutional, marking a victory for asylum rights advocates led by the Scalabrini Centre of Cape Town, represented by Lawyers for Human Rights. 

The case, brought against the Minister of Home Affairs and several government entities, challenged sections 4(1)(f), 4(1)(h), 4(1)(i), and regulation 8, arguing that they unfairly barred individuals with irregular immigration statuses from seeking asylum. The Scalabrini Centre contended that these provisions violated the South African Constitution and international non-refoulement principles, which prohibit the return of refugees to countries where they face persecution or harm. 

Justice J Cloete, presiding alongside Justice L Nuku and Acting Justice S Kholong, ruled that these regulations unjustly penalised individuals for bureaucratic infractions, effectively blocking access to refugee protections. The principle of non-refoulement, enshrined both in South African and international law, was central to the court’s findings. 

In a crucial argument, human rights organisations, including Amnesty International and the Helen Suzman Foundation, serving as amici curiae (friends of the court), highlighted that the provisions disproportionately affected children, forcing them into uncertain legal circumstances and increasing their vulnerability to deportation. 

The judgment stressed that provisions failing to protect the best interests of children and ensure fair asylum access must align with constitutional imperatives. Consequently, the South African government has been ordered to review these policies and draft new regulations that safeguard asylum seekers' rights while balancing immigration enforcement. 

#Conviction 

Get your news on the go. Click here to follow the Conviction WhatsApp channel    

Amnesty International Asylum Seekers Helen Suzman Foundation Human Rights immigration policy justice J Cloete legal reform non-refoulement refugee protection refugee rights Refugees Act Scalabrini Centre South African asylum law South African immigration law unconstitutional ruling Western Cape High Court
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Public interest law gathering to tackle land justice, migration and threats to human rights

October 25, 2026

The ANC could pay the electoral price for a Home Affairs directive issued under a DA minister

October 23, 2026

Ramaphosa and predecessors failed to decide prisoners’ pardon application for 24 years

October 21, 2026
Leave A Reply Cancel Reply

Prove your humanity: 2   +   1   =  

Subscribe to our newsletter:
Top Posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
Don't Miss
Regulatory Law
4 Mins Read

Bestmed ordered to reinstate member after unjustified medical aid cancellation

By Kennedy MudzuliOctober 26, 20264 Mins Read

The High Court in Pretoria ordered Bestmed to reinstate Wanani Emmanuel Sitsula’s medical aid membership after finding that the scheme failed to justify its decision to terminate his cover.

Grace Bible Church gathers political leaders for prayer, urges acceptance of 4 November results

October 25, 2026

Africa’s first Pride march changed history; its message still matters today

October 25, 2026

Public interest law gathering to tackle land justice, migration and threats to human rights

October 25, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024
OUR PICKS

LPC warns against unregulated legal services, clarifies legal consultant ruling

October 17, 2026

The R400,000 award for ‘white trash’ and ‘dumb people’ insults that cost a woman her home

October 21, 2026

FNB customer demands R15,100 refund after fraudsters drain account using stolen phone

October 17, 2026
© 2026 Conviction.
  • Home
  • Buy Now
  • Law & Justice

Type above and press Enter to search. Press Esc to cancel.

Powered by
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by