Minister of Home Affairs v Rahim and Others

The respondents, mainly Bangladeshi nationals and one Ghanaian national, entered South Africa and applied for asylum under the Refugees Act. They were issued asylum-seeker permits pending the outcome of their applications. After their asylum applications and internal appeals were rejected, they failed to leave the country and were arrested and detained pending deportation under section 34(1) of the Immigration Act 13 of 2002. They were detained for periods ranging from 4 to 35 days in prisons and police stations. At the relevant time, the Director-General of Home Affairs had not determined any places for the detention of illegal foreigners as required by section 34(1). The respondents sued the Minister of Home Affairs for damages, alleging unlawful arrest and detention.

Leave to appeal and leave to cross-appeal were granted. The Minister’s appeal against the finding of unlawfulness and liability for damages was dismissed with costs, and the respondents’ cross-appeal on the quantum of damages was dismissed.

The case affirms that the detention of illegal foreigners must strictly comply with section 34(1) of the Immigration Act and that the Director-General must explicitly designate lawful places of detention. It reinforces constitutional protections of liberty and dignity for non-citizens and confirms that unlawful detention, even arising from breach of a public statutory duty, can ground delictual claims for damages. The judgment strengthens accountability of immigration authorities and aligns domestic law with constitutional values and international human rights norms.