Hearing of contempt of court charge against Home Affairs postponed

Source: Groundup, 29/04/2016

Hearing of contempt of court charge against Home Affairs postponed
28 April 2016 – Groundup
Department accused of wasting money
The case between the Department of Home Affairs and immigration
lawyers, who are accusing the department of being in contempt of a
High Court order, has been postponed to next month.
The case arose after Home Affairs withdrew an instruction allowing
asylum seekers and refugees to apply for permanent residence without
giving up their asylum or refugee status. They also withdrew an
instruction allowing asylum seekers and refugees to apply for
temporary residence without a valid passport.
The matter was set down for 21 April in the Western Cape High Court,
but Home Affairs requested a postponement as it was not ready for
court proceedings.
Gershon Mosiane, Chairperson for the Forum of Immigration
Practitioners of South Africa (Fipsa), which is bringing the case,
accused Home Affairs of continuing to "frustrate the lives of asylum
seekers and refugee seekers by deliberately delaying court processes",
of "not filing answering affidavits timeously" and of wasting
taxpayers` money.
The Department has been instructed to file answering affidavits by 9
May or face an additional contempt of court order. The Department of
Home Affairs declined to comment on the reasons for the delay.
Mosiane said the actions taken by Home Affairs made it increasingly
difficult for asylum-seekers to marry and register newborn babies with
South African spouses, hindered their ability to obtain skilled
employment, and prevented them from opening South African bank accounts.
Mkuseli Apleni, Director General for Home Affairs, signed a directive
on 3 February stating the department`s belief that the status of
asylum seekers should not change to temporary or permanent resident
until their refugee status was established. The directive also stated
that a 2008 circular that allowed asylum seekers to request permanent
residence had "fallen away since the 26th of May 2014 and is hereby
officially withdrawn."
Mosiane said Home Affairs was "breaking the law," citing a 2003
Western Cape High Court consent order protecting the ability of asylum
seekers and refugees to apply for temporary or permanent residence
without having to give up their asylum seeker or refugee status. The
court order also stated that asylum seekers or refugees did not need
to have a valid passport to obtain temporary residence permits.
Mosiane said that judgment was binding and any deviation amounted to
contempt of court.
Fipsa and other parties bringing the action to court will be
represented by Tashriq Ahmed.