An asylum seeker who entered South Africa illegally and failed to apply without delay is still entitled to apply for asylum under the Refugees Act.
The Constitutional Court made this finding on Thursday as it set aside a Supreme Court of Appeal judgment from 2017 that would have meant the deportation of former Rwandan intelligence services agent Alex Ruta.
Ruta arrived into the country illegally in December 2014 after being instructed by his superior in Rwanda to travel to South Africa and engage with the Rwanda National Congress (RNC), an exiled opposition party. He however had a change of heart about completing the assignment – killing members of the exiled party and in February 2015 approached the Hawks for help.
-Times Live