The Constitutional Court has held the Home Affairs Minister and the Director-General personally liable for failure to enact corrective legislation to parts of the Immigration Act.
To date, Parliament has failed to correct the defects and the period of suspension of invalidity expired on 29 June 2019. As a result, it slapped the Home Affairs Minister with a 10% personal cost order while his Director-General was held 25% liable. Constitutional Court’s Justice Leona Theron says, “Personal cost orders against public officials who flout their constitutional obligations serve to vindicate the constitution and hold such officials to account, the minister is ultimately accountable for the fulfilment of his dept’s objectives and for the actions or failures of his officials….
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