Couple barred from SA sue for R3.6m

Source: By Zelda Venter – Pretoria News, 17/08/2015

Pretoria - When businessman Mukthar Ahmed and his wife Tasleem Akthar
went on a pilgrimage to Saudi Arabia, they left their two young
children in South Africa.


But when they got back, they were barred from entering the country and
suffered the trauma of being separated from their family for six
months.


Now the couple, who hail from Durban, are claiming R3.6 million in
damages from the Minister of Home Affairs in a case before the high
court in Pretoria.


This includes R1m for the emotional trauma and depression they had
suffered while being separated from their children for so long and
R500 000 on behalf of each of their children, Abdur and Abdullah, who
were under 5 years old when they were left in the care of family in
South Africa. They are each claiming a further R300 000 in damages for
loss of income during the time that they were away from work.


The parents are married in terms of Islamic law. According to court
papers Ahmed is a Pakistani national who acquired South African
citizenship and his Pakistani wife received asylum when she first
entered the country. After marrying her husband her asylum permit was
revoked and she was given an accompanying spouse`s residence
permit.


The couple left the country on August 5, 2012, for a two-week trip to
Saudi Arabia.


Upon their return they were informed at Dubai Airport that they may
not enter South Africa, as they had been placed on a "V" list (a Home
Affairs watch list).


According to the couple`s lawyer, Zehir Omar, this listing, which had
been placed on the system by Home Affairs official Sam Langa, was
incorrect. In February 2013 the high court in Johannesburg declared
the listing to be unlawful, he said.


The couple were only allowed to enter South Africa in March 2013 –
more than six months after they had left.


Omar argued in court that the couple were unlawfully prevented from
entering the country as the appearance of their names on the list had
been a mistake. Home Affairs also did not give any regard to the
couple`s two children who remained in South Africa.


Omar said the department, as the immigration authority in South
Africa, owed a duty of care towards the couple as legitimate residents
of this country.


Ahmed had come to South Africa in 1998 and was given a naturalisation
certificate in 2008, thus making him a South African, Omar
said.


Home Affairs, in defending the claim, said Ahmed`s citizenship here
was obtained in contravention with the immigration laws and he was
thus not entitled to the citizenship on which he is relying. It was
said that it thus followed that his wife was also not entitled to be
here.


The department argued that the names of the couple was placed
correctly on the "V" list as they were not legally in the country.



The court reserved judgment on whether the family is entitled to
compensation or not