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.
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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.
