Institute for Migrant Rights
Railway line at Cianjur station, c. 1890 · KITLV, CC BY 4.0

Migration Jurisprudence from the South › South Africa

Union of Refugee Women v. Director, Private Security Industry Regulatory Authority

Constitutional Court of South Africa · South Africa · 2006-12-12 · National court

Citation: [2006] ZACC 23
Type of case: Constitutional and human rights
Outcome: Decided against the migrant side

Question

May refugees be barred from registering as private security guards?

What the court decided

Yes, by majority. Limiting registration to citizens and permanent residents was a fair way to protect public safety; two judges dissented.

In plain language

Refugee women who wanted to work as security guards were refused because they were not citizens or permanent residents. The Constitutional Court, by majority, let the rule stand.

Dalam bahasa sederhana

Perempuan pengungsi yang ingin bekerja sebagai petugas keamanan ditolak karena bukan warga negara atau penduduk tetap. MK, dengan suara terbanyak, mempertahankan aturan itu.

Pertanyaan: Bolehkah pengungsi dilarang mendaftar sebagai petugas keamanan swasta?

What happened afterwards

  • 2006-12-12: Exclusion upheld.

Sources

Open this decision in the interactive collection (compare, filter, Indonesian view, downloads).

Cite as: Institute for Migrant Rights (2026), Migration Jurisprudence from the South, version 0.1, https://theimr.org/court-decisions/d/za-urw-2006/. This page summarizes a court decision for research and advocacy; it is not legal advice.

For researchers

This collection of decisions is built for empirical legal scholarship and socio-legal research on migration and the rights of migrant workers, as well as for advocacy.

The coded variables support statistical analysis in law: cross-national comparison, regression and event-history designs, and law and economics questions such as how recruitment fees, wage protection and limits on changing employer affect migrant workers. The data can be downloaded for replication.

Keywords: case law; jurisprudence; judicial decisions; comparative constitutional law; courts and migration; judicial behavior; litigation outcomes; refugee law; non-refoulement; citizenship and nationality; empirical legal studies; empirical legal scholarship; quantitative legal research; statistical analysis in law; law and economics; law and economics of migration; comparative law; socio-legal studies; legal pluralism; migration law; labor migration; migrant workers’ rights; human rights law; access to justice; Global South; Asia; Africa; Middle East; Latin America; Indonesia; open data; replication data.