An asylum seeker who has entered illegally and fails to apply without delay is still entitled to apply for asylum under the Refugees Act. This is according to a constitutional court ruling, made in the case of Ruta vs Minister of Home Affairs. Alex Ruta is a Rwandan national who worked for the Rwanda National Security Services. He was sent to South Africa by his superiors in 2014 but he had to enter the country illegally because he did not have a visa. Once in South Africa, Ruta learned that his task from Security Services was to assassinate members of the exiled opposition party, the Rwanda National Congress. He said he immediately reported this to the Hawks who put him under witness protection while an investigation was opened. Ruta said he told the Hawks that he wanted to apply for an asylum permit, but he was never given an opportunity to apply. Sakina Kamwendo spoke to Wayne Ncube who is an Attorney with Lawyers for Human Rights.