Page:NCGLE v Minister of Home Affairs.djvu/26

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Ackermann J

this was recognised by the Constitution in that certain provisions of the Bill of Rights conferred significant rights only on citizens of the Republic. Thus only a citizen has the right to “enter, to remain in and to reside anywhere in the Republic”;[1] to “a passport”;[2] to certain political rights;[3] and to choose a “trade, occupation or profession freely”.

    International Law 9 ed vol 1 (Addison Westley Longman Inc., 1997) at 897-9; Fong Yue Ting v United States 149 US 698 (1893) at 705–711; Nishimura Ekiu v United States 142 US 651 (1892); Galvan v Press 347 US 522 (1954) at 530–2; Adams v Howerton 673 F2nd (Ninth Circuit) 1036 at 1042; Naidenov v Minister of Home Affairs and Others 1995 (7) BCLR 891 (T) at 901 C–E; Parekh v Minister of Home Affairs and Another 1996 (2) SA 710 (D) at 714 G – 715 C. But see also Larbi-Odam and Others v Member of the Executive Council for Education (North-West Province) and Another 1997 (12) BCLR 1655 (CC); 1998 (1) SA 745 (CC). Other authorities dealing with the consequences of a state’s territorial authority and its right to control the entry of foreign nationals into its territory are usefully collated in Van Heerden AJ’s judgment in Dawood and Another v The Minister of Home Affairs and Others; Shalabi and Another v The Minister of Home Affairs and Others; Thomas and Another v The Minister of Home Affairs and Others, (the “Dawood case”) case nos 12745/98; 13503/98; and 13435/98, a judgment in the Cape of Good Hope High Court of 21 September 1999 and as yet unreported. The authorities appear at 76–7 of the typescript judgment. This case is pending before this Court under section 172(2)(a) of the Constitution and on appeal.

  1. Section 21(3).
  2. Section 21(4).
  3. Section 19.