It is submitted that immigration issues raise particular problems with specific solutions. It would be inappropriate to lump the administration of immigration affairs under the broad legislative scheme which will be enacted for just administrative action as envisaged by the Constitution. There must be due process in the administration of immigration regulation. How much process is due is not always easy to determine. The amount of process due ought to depend on the interest the individual has in the outcome of the procedural step taken.
Process consists of the procedure used in order to come an administrative decision.
The amount of process due should depend on what is at stake to the individual person concerned. It is not suggested that nationals of SADC States ought to be entitled to more process than non SADC nationals. All persons ought to be entitled to an appropriate quantity of process irrespective of their nationality, race, religion, sex, etc. It is submitted that a distinction ought to be made between punitive and non-punitive consequences. There may be a penalty that follows a criminal prosecution.