Response – 8th December 2023 – The Foreign Parents Battle by Peter-John Pearson
On 4th December the Constitutional Court handed down a unanimous judgement in what has colloquially become known as the ‘foreign parents battle’. The apex court delivered its judgment in a dispute over sections of the Immigration Act and its regulations that prevented foreign parents from remaining in South Africa to care for their children after separating from a South African spouse. This judgement has been keenly anticipated for some time.