The Constitutional Court on Tuesday ruled two Kenyan nationals, who wanted to live in South Africa, have to ask for a ministerial review at the Home Affairs Department before going to court.

The pair was going to be deported for having fraudulent ID documents when they asked the court to review the decision by Home Affairs but Judge Yvonne Mokgoro said they must follow the department’s procedures.

“The mere lapsing of the time period for excising an internal remedy does not mean that the internal remedy has been exhausted nor does it constitute exceptional circumstances,” said Mokgoro.