SA SUPREME COURT ORDERS HOME AFFAIRS TO ISSUE ASYLUM PERMITS TO ZIM NATIONALS (21-09-07)

BY TRUST MATSILELE

JOHANNESBURG: THE South African Supreme Court last week ruled that the Department of Home Affairs should urgently issue asylum permits to seven Zimbabweans who are seeking refugee status in the country.

The Supreme Court of Appeal's judgment, which is a

test-case, comes at a time when thousands of Zimbabweans are queuing for months at refugee reception centres in search of permits to legalise their stay in South Africa.

The seven Zimbabweans made an appeal to the Supreme Court early this after their case was thrown out by the High Court.

They were accusing the Minister of Home Affairs, Nosiviwe Mapisa-Nqakula of denying them a chance to get asylum papers at Marabastad in Pretoria and Rosenttenville in Johannesburg, Refugee Reception Centres.

“The decisions taken by the officials in the Department of Home Affairs rejecting the applicants’ applications for asylum are hereby reviewed and set aside,” part of the judgment reads.

“The fourth respondent (Director-general of Home Affairs, Mavuso Msimang) and his subordinates are directed to forthwith issue permits of section 22 of the Refugees Act, to the applicants and to process their applications for asylum in accordance with the provisions of the Refugees Act.”

The ruling also declared that the current practice and policy of receiving applications for asylum at the Marabastad and Rosenttenville Refugee Reception Offices was unconstitutional and unlawful in respect of the manner of scheduling appointments and in respect of the pre-screening method adopted.

The Department of Home Affairs was also tasked to re-assess the applications of the people who failed get their asylum permits between November 2005 and May 2006.

“The respondents are directed to advertise in a conspicuous place which would be visible to members of the public at both Marabastd and Rosettenville Reception Offices, that the procedures employed to process applications for asylum at the offices from November 2005 to May 2006, unlawful and that any person who was subject to such processes is entitled to have his or her application for asylum re-assessed as a matter of urgency,” ruled the Court.

The Zimbabweans were represented by Advocate Nadine Fourie of the Wits Law Clinic.

Thousands of Zimbabweans are failing to get asylum permits in South Africa as they flee their country because of the political and economic turmoil.

The asylum permit allows one to work or study in the country.

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