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Dawood v Minister of Home Affairs
''Dawood v Minister of Home Affairs'' is an important case in South African law, particularly in the areas of constitutional litigation, constitutional law and immigration law. The applicants were South African citizens and their spouses, who were neither citizens nor permanent residents of South Africa. The case examined the constitutional right of spouses to cohabit and the need for Parliament, when granting government officials powers that touch on constitutional rights, to lay down proper guidelines.
The case concerned an application to the Constitutional Court for confirmation of an order of constitutional invalidity, but the government had withdrawn its opposition to the order of confirmation. This, the court held, did not put an end to the proceedings; the court still had to determine whether to confirm, vary or set aside the order. Furthermore, the court had to determine what, if any, ancillary orders to make, and the relevant government department was best placed to assist the court in this regard. The court held that, if this is not done, its ability to carry out its constitutional mandate is hampered; indeed, the constitutional scheme itself is put at risk.
== Facts ==
Section 25(9) of the Aliens Control Act required applicants for immigration permits to be outside of South Africa when their permits were granted, but it exempted spouses, permanent same-sex life partners, dependant children and destitute, aged or infirm family members of South African citizens and permanent residents: These people were permitted to remain in the country pending the outcome of their applications, provided they had valid temporary residence permits.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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