Right to work for asylum seekers caselaw South Africa

Asylum seekers right to work or study and the right to dignity

Whilst awaiting outcome of asylum application the South African Department of Home Affairs were reluctant to grant automatic rights to work or study for asylum seekers whilst their main asylum application was pending. The landmark case of Minister of Home Affairs in South Africa and Others v Watchenuka and Another 2004 (4) SA 326 (28 November 2003), the Supreme Court of Appeal found that the general prohibition on work or study for asylum seekers to be unlawful based on the founding right in South African Constitution that everyone has the right to dignity.