I have been asked to comment on the ruling of the Cape High Court which set aside the Order in terms of which on March 8, 2004 I made the Immigrations Regulations, and which also set aside the Immigration Regulations themselves. Because the reason for the Order made has not been released yet, it is impossible for me to comment and it would be premature to expect any view on the matter. I have always respected the judiciary and I will read the reasons for the Order once they are available, which will determine how I am required to react to it within the range of options available under the law.

I intervened in the litigation to place before the Court a number of facts and legal considerations which were relevant and which were not before it.

My intervention was opposed and I am grateful to the Court that it overruled such an opposition and granted my application to intervene. I also appreciate that the Court rejected the request which was made for a Court Order against me personally, which, I indicated in Court, was effectively a technique to intimidate me from not participating in these Court proceedings. My participation in these Court proceedings has been motivated by my desire to uphold the rule of law, in the hope that the day will come when also in South Africa it will finally forever replace the rule of man.

I have never regarded this to be a litigation between myself and the President. I intervened on a matter of principle to ensure the due process of law. The Cape High Court adjudicated matters relating to my regulation making power in terms of the Immigration Act on a previous occasion and its decision was found to be wrong by the Constitutional Court, once the matter was taken up on appeal.