Western Cape High Court Declares Provisions of Refugees Act Unconstitutional
The Western Cape High Court has delivered a groundbreaking judgment, declaring key provisions of the Refugees Act and its regulations unconstitutional. The ruling, brought by the Scalabrini Centre of Cape Town and Lawyers for Human Rights, challenges policies that denied asylum seekers access to the system, leading to their arrest and deportation without due process.
Key findings include the invalidation of provisions that excluded individuals on procedural grounds and regulations that barred most new asylum seekers from protection. The court emphasised South Africa’s obligations under international refugee law, reaffirming the principle of non-refoulement, which prohibits returning individuals to places where they face persecution or harm.
This decision is now subject to confirmation by the Constitutional Court. Meanwhile, advocacy groups urge the Department of Home Affairs to restore access to asylum, ensuring compliance with human rights protections.
For further information, click here to read the full article: https://www.scalabrini.org.za/press-statement-landmark-ruling-western-cape-high-court-declares-provisions-of-refugees-act-unconstitutional/
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