7) Minister of Home Affairs and others v Watchenuka and another (2004) 1 All SA 21 (SCA)
Main Issue: Child of alien parents (asylum seekers)/ A Zimbabwean mother and her disabled son challenging the Refugees Act which generally prohibited employment/studying pending the finalisation of an asylum application.
https://dullahomarinstitute.org.za/childrens-rights/archives/legal-resources/audit-of-childrens-rights-cases/other-constitutional-issues-discrimination-equality-before-the-law-and-religion/7-minister-of-home-affairs-and-others-v-watchenuka-and-another-2004-1-all-sa-21-sca
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7) Minister of Home Affairs and others v Watchenuka and another (2004) 1 All SA 21 (SCA)
Main Issue: Child of alien parents (asylum seekers)/ A Zimbabwean mother and her disabled son challenging the Refugees Act which generally prohibited employment/studying pending the finalisation of an asylum application.
Findings: Court held that prohibition is in conflict with the Bill of Rights of the Constitution (human dignity) especially as it is a general prohibition without guidelines or case by case considerations.
