Protecting the rights of aliens in South Africa: international and constitutional law issues

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Periodical article

Title:	Protecting the rights of aliens in South Africa: international and constitutional law issues
Author:	Pretorius, Rika
Year:	1996
Periodical:	South African Yearbook of International Law
Volume:	21
Pages:	130-146
Language:	English
Geographic term:	South Africa
Subjects:	foreigners constitutions
Abstract:	Despite efforts to rid South Africa of discriminatory practices and legislation, some discrimination is still evident both in statutory provisions and in the courts. For example, section 18 of the Child Care Act which regulates adoption clearly discriminates between South African citizens and noncitizens. In order to ascertain whether such discrimination is justified in terms of South African law, the author considers the attitude of South African courts towards aliens, as exemplified in Nyamakazi v President of Bophuthatswana, 1994, Xu v Minister van Binnelandse Sake, 1995, and Naidenov v Minister of Home Affairs, 1995, and discusses the relevant provisions of both the interim and the final Constitution, notably the discrimination clause and the limitation clause. Notes, ref.