HSF intervened as a friend of the court, highlighting the grave risks this system posed for children of asylum seekers. HSF’s argument was grounded in the statement by the Constitutional Court in in S v M [2007] ZACC 18, stating “the sins and traumas of fathers and mothers should not be visited upon their children.” Without proper safeguards, children faced the prospect of being deported, separated from their families, or rendered stateless due to the action of their parents.
In some cases, they could be returned to countries where they risked torture, human rights abuses, or forced recruitment into armed groups. HSF argued that these outcomes directly contravene South Africa’s obligations under its own Constitution and international conventions.
