Constitutional Court judges found themselves baffled by the conduct of the Department of Home Affairs after it ignored a 2017 court order to amend immigration legislation. The department returned to the court on Thursday to request a 'revival' of the order, which expired in June 2019.

The department offered no apology for its tardiness, saying the 2019 elections had caused a delay in completing the amended legislation as politicians prioritised campaigning. The department also cited the Covid pandemic, which began months after the deadline had already passed, and the fire at Parliament, as reasons why the Immigration Act had not been amended.

Chief Justice Raymond Zondo questioned the department's lawyer, Mike Bofilatos SC, about whether he had "missed" the apology to the court in the department's court papers.

"I may have missed this in the papers. But I don't see any apology from the Minister or the Director General for what happened here. The order expired without the Minister and the Director General approaching this court asking for an extension. That is the usual thing to do," Zondo said.

Bofilatos said the department was not requesting an extension, but rather wanted a revival of the order.

"What is the difference in substance in asking for an extension after the expiry of an order or asking for a revival of an order that has lapsed?" Zondo asked.

'Indulgence'

Bofilatos went on to say that Home Affairs Minister Aaron Motsoaledi was asking for the court's "indulgence... You can...