.0pt; mso-bidi-font-family: Arial; mso-bidi-font-weight: bold”>BY NOWELL MARUFU
PRETORIA – The South Africa Home Affairs Department was forced into a humiliating climb down after being ordered by the Pretoria High court to speedily issue refugee status to Zimbabwean asylum seekers within a period of three months.
The ruling was made last week in a South African High Court judgment, which upheld the rights of asylum-seekers to an efficient and speedy determination of their applications for asylum.
The judgment has been hailed by The Zimbabwe Exiles Forum (ZEF) as a step in the right direction.
Justice Rabie of the High Court ruled last week in favour of seven Zimbabwean asylum-seekers who took the current Home Affairs procedure to court.
However, South Africa Home Affairs spokesperson, Jackie Sapula, said the department’s team of legal experts were studying the ruling with a view to challenging it.
“We are currently studying the ruling and we shall make an announcement shortly,” said Sapula.
Home Affairs Director-General, Sibusisiwe Sitshehle, confirmed that the Zimbabwe refugees had won their case but declined to give further comments.
The High Court ruled that the process was highly inefficient and that the lengthy delays in processing asylum applications hindered refugees from accessing basic rights, such as the right to study and work.
The court appointed a curator to oversee and report back to the court on the compliance of the Home Affairs Department. The order outlined certain changes which should be made to improve its method of handling asylum-applications.
The ZEF issued a statement applauding the high court for its ruling, arguing that the ruling would go a long way towards improving the state of affairs at the Department of Home Affairs.
“ZEF finds its own work vindicated by the High Court’s decision,” said Gabriel Shumba , ZEF Human Rights Lawyer and Executive Director.
“It gives us great confidence in the South African judiciary’s impartiality and commitment for the upholding of human rights.
”International instruments, including the United Nations Refugee Convention of 1951 together with its 1967 Protocol and the 1969 OAU Refugee Convention – as well as the South African Constitution and the Refugee Act as amended – recognize the rights of asylum applicants to basic rights, such as the right to work and study,” added Shumba.
Shumba pointed out that the speedy determination of asylum-applications in an efficient and non-discriminatory manner was an integral prerequisite for enjoyment of these rights by refugees.
He urged the Department of Home Affairs to revisit their policies and procedures, as well as to put in place corresponding effective measures to enable it to implement the provisions of the Refugee Act and international Conventions in compliance with the High Court decision.
“ZEF implored the South African government in particular and SADC leaders in general to deal with the Zimbabwean crisis in an active and constructive manner, as opposed to mass and often indiscriminate deportations of Zimbabweans,” said Shumba – CAJ News.
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