Immigration law to ConCourt

2003-04-17 14:54

Cape Town - Home Affairs Minister Mangosuthu Buthelezi's application for leave to appeal a ruling striking down new immigration regulations will be heard by the Constitutional Court.

The ruling was issued last month by a full bench of the Cape High Court, which found the regulations invalid and unconstitutional.

The High Court judges refused Buthelezi leave to approach the Supreme Court of Appeal, and also issued a certificate saying they did not believe the Constitutional Court would come to a different conclusion.

Buthelezi nevertheless lodged papers with the Constitutional Court, and on Thursday Chief Justice Arthur Chaskalson directed that the application for leave to appeal would be heard on May 20.

He said Buthelezi should file written argument by May 13, which should be comprehensive enough for the court to dispose of the application without having to hear further argument should leave to appeal be granted.

The original High Court application against the regulations was brought by Cape Town specialist immigration lawyer Gary Eisenberg.

The effect of Buthelezi filing notice of his intention to seek leave to appeal was to suspend the High Court ruling, so that the regulations, along with the new Immigration Act, are currently in force and being applied by the department of home affairs.

- SAPA