Judge Natvarlal Ranchod will hear from counsel for the police and Home Affairs Ministry why they can’t act against the protestors in the way local residents are demanding.

In papers before the court, the South African Police Service says the gathering outside the UNHCR is not illegal.

Refugees are exercising their constitutional right to protest .

They’re demanding to be moved to safety away from xenophobic attacks in South Africa.

Home Affairs says it has neither the legal capacity nor the resources to check the status of each of the protestors  so that illegal immigrants might be deported. 

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