By Oritonda Rambuda
contact: info@rambuda.co.za
It is with no doubt that South Africa has a huge problem of illegal immigrants, who are said to be burdening the state and its resources.
In this article, we will be looking at whether or not illegal immigrants have rights.
South Africa is a state found on the Bill of Rights, which in terms of Section 2 of the Constitution states that the Constitution is the supreme law of the country and any law that contravenes it, is invalid.
Given the past of this loving state, wherein people were set apart because of race, religion, language etc, it is said that equality and human dignity is not only a right, but also the cornerstone of our Constitution.
Basic rights equally apply to all persons, meaning citizens of South Africa and non citizens, ie: right to life, right to human dignity, etc however, there are some rights which only applies to citizens, ie: freedom of trade, occupation and profession, right to vote, etc.
Undocumented/ illegal migrants are non-nationals without the necessary authorisation from the Department of Home Affairs to be in the country. Regardless of their undocumented migrant status, such people must still be treated with dignity and respect and in a fair and humane manner in keeping with our Constitution, and they have a reciprocal responsibility to respect and abide by the laws of South Africa.
Therefore, it is important to note and understand that despite their illegal status, illegal immigrants also have rights which must be protected and promoted.
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