Globalisation has resulted in the increase of migrant workers who cross borders in search of better opportunities and greener pastures. Migrant workers, wherever they decide to relocate, are at the risk of arbitrary arrests and illegal deportations which infringe their right to liberty and security. Many unreported cases show that migrant workers in South Africa have to endure inhuman treatment every day, through the implementation of deportation laws by law enforcement agencies. This is however, done in a manner which disregards their possession of necessary documentation authorising them to be in the country. The Constitution of South Africa, legislation and other related policies provide for the protection of the right to liberty and security of migrant workers. It is against the above that this mini dissertation examines and analyses how the implementation of deportation laws impacts on the right to liberty and security of migrant workers. This mini dissertation points out that there is a dire need to ensure that the implementation of deportation laws complies with the requirements of the right to security and liberty of persons accorded to the status of migrant workers by the Constitution and other related legislation or policies. The methodology made use of in this research is qualitative. This research used legislative texts, case law, journal articles and other academic commentary to acquire information on the right of migrant workers and their plight in South Africa. The study also makes recommendations for appropriate domestic law reform in respect to how deportation laws can be implemented in a bid to protect the right to liberty and security of migrant workers. These recommendations are designed to ensure that law enforcement agencies adhere to the law and procedure which protect migrant workers from arbitrary arrests, and illegal deportations.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:ufh/vital:27889 |
| Date | January 2016 |
| Creators | Pedzisa, Beatrice |
| Publisher | University of Fort Hare, Faculty of Law |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis, Masters, MA (Human Rights) |
| Format | 64 leaves, pdf |
| Rights | University of Fort Hare |
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