The Department has the right to arrest, detain and deport illegal foreigners in terms of section 34 of the Act. The Department must bring the foreign person before the court within 48 hours or they must be released.
However, this is not an absolute right, as there may be grounds where the conduct of the Department is found to be procedurally or substantively flawed. In that case, the Magistrates Court would be tasked to oversee the conduct of the Department’s officials in terms of a ‘Detention Hearing’.
If it is found that the conduct on the part of the Department was flawed in a material respect the Magistrates Court must release the detained foreign person with immediate effect.
Smiedt & Associates are robust and serious litigators that are adept and highly capable in such ‘Detention Hearing’ and to highlight a failure of procedural or substantive steps to make the detention unlawful and therefore bring about the release of such detained foreign person.
Our law firm regularly appears in such court proceedings and continues to be the ‘go-to’ law firm in these review proceedings to allow for the immediate release of the detained foreign person.