Question NW3784 to the Minister of Home Affairs
21 December 2023 - NW3784
Khanyile, Ms AT to ask the Minister of Home Affairs
With reference to the constitutional defects of section 34(1)(b) and (d) of the Immigration Act, Act No 13 of 2002, which were highlighted in the judgment handed down by the Constitutional Court on 29 June 2017 but suspended the declaration of invalidity for 24 months that expired on 29 June 2019, what total number of (a) persons were (i) detained for the purposes of deportation between 29 June 2019 and 30 October 2023 and (ii) deportations were confirmed and (b) court cases (i) have been initiated against Home Affairs concerning the (aa) detention for purposes of deportation, (bb) prevention of confirmation of deportation and (cc) confirmation of deportation between 29 June 2019 and 30 October 2023 and (ii) did the department defend?
Reply:
(a)(i) There were 31 229 persons detained for the purposes of deportation between 29 June 2019 and 30 October 2023.
(a)(ii) 27 823 deportations were confirmed between 29 June 2019 and 30 October 2023.
(b) For the period between 19 June 2019 and 30 October 2023, the following:
(b)(i)(aa) There were no court cases initiated against Home Affairs concerning detention for purposes of deportation.
(b)(i)(bb) No court cases were initiated against the department to prevent confirmation of deportations.
(b)(i)(cc) There were no court cases initiated against the department regarding the confirmation of deportation.
(b)(ii) There were no court cases which required the department to defend.
END