Constitutional Court Orders Sections of the Immigration Act, 2002 Unconstitutional: A Victory for Foreign National Parents

In a landmark decision, the Constitutional Court of South Africa (“Court”) has ruled that certain sections of the Immigration Act, 2002 (Act No. 13 of 2002) (“Act”), and regulations of the related Immigration Regulations (“Regulations”), pertaining to spouses of South African citizens or permanent residents whose spousal relationships have terminated, are unconstitutional.

Jaco Brits
Senior Expatriate Solutions Specialist