Answer to Question #302671 in Law for Kamo

Question

Your client, Mr Jack Sparrow (a South African citizen), has notoriously stated that colonisation has been a blessing to Africa and its benefits are still being realised. This starts a series of protests on social media and he’s actions are condemned by all political parties throughout the country. A week ago, he received a banning order in terms of the Act. The RCSA submitted a report to the Minister recommending that he be banned from the Republic, or otherwise deported from South Africa for a year to Mozambique. The Minister accepts the report and immediately decides to issue a banning order in terms of the Act. Mr Sparrow believes that the process leading to the ban was unfair.

1. Discuss the procedural fairness of the Minister’s decision in terms of applicable law and opine on the correctness of the Minister’s decision.

2. Furthermore, discuss if the Minister’s decision was reasonable in terms of applicable law.