Remember that there is no ‘right’ for a non-South African to be given a permit to come to South Africa, or to live and work here. It is always a permission which may be granted or refused. However, anyone who applies for permission has the right to administrative justice. This means they have the right to be given reasons, in writing, why permission was not given. (See: Just Administrative Action)

If a person is granted permission to live in South Africa on a permanent basis, they are entitled to most of the rights which apply to ‘everyone’ in the Bill of Rights.

If they are given permission to remain in South Africa on a temporary basis, such as a work permit, they are protected by some but not all of the rights. It will be many years before the courts have made enough rulings in individual cases to give us certainty as to what rights protect such temporary residents.