SA's new immigration rules challenged in court
Two foreigners were separated from their South African spouses when the new rules came into effect.
CAPE TOWN - The path has been cleared for the Western Cape High Court to hear a case challenging the Constitutionality of South Africa's new immigration rules.
On Tuesday, the Constitutional Court dismissed the Home Affairs Department's appeal against an order granting temporary relief to two families affected by the changes.
The appeal was against a High Court judgment that two foreigners, who were declared "undesirable" under the new regulation, be allowed back into the country pending the outcome of the second part of their application.
The two were separated from their South African spouses when the new rule came into effect last year.
Immigration lawyer Craig Smith says the matter could be heard in the next few months.
"We're now going to deal with the principle provision that gives the immigration offices the right to declare people undesirable and we will ask the court now to determine and have a very good look at the Constitutionality of the provisions and the construct of the provision. Our view is that it is unconstitutional. "