- Otshudi v Minister of Home Affairs and Others (12/05018) [2012] ZAGPJHC 150.13 MB
Summary
Refugees Act no 130 of 1998 – illegal foreigner having exhausted internal remedies and no further proceedings pending - falls to be dealt with in terms of the provisions of the Immigration Act no 13 of 2002.
Contempt of court – minister and officials prevented from deporting illegal foreigner whilst proceedings pending as they may be guilty of contempt of court.
Immigration Act – detention pursuant to s 34 of Immigration Act – calculation of initial period of 30 days and extended period of 90 days to be cumulative. Suspension of 120 day period allowed by Act for detention for purposes of deportation in the event of legal proceedings preventing Department from deporting illegal foreigner.
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