DRC prophet wants SA courts help to avoid murder rap

Source: Pretotia News, 10/04/2017

Pretoria â€" A political and religious leader from the DRC turned to
court for help after Home Affairs threatened to deport him back to his
country to face a murder count and other related charges.


Paul Mukungubila said he fled the DRC because his life was in danger
and if he had to return he would suffer harm and an unfair trial.
He told the Gauteng High Court Pretoria that he had 18 wives five of
whom stayed in South Africa and 19 children â€" 12 of whom live here.



He said he left the DRC in 2014 because of persecution and threats by
the authorities of the DRC.


His organisation is called the Ministry for the Restoration from Black
Africa.


He said he was regarded by his flock as a prophet and a man of God who
possessed revelatory powers about the future of the nation.
The 70-year-old received asylum status when he arrived in South Africa
but it has lapsed.


Home Affairs refused his application to have it renewed and the
Refugee Appeal Board dismissed his appeal without hearing his side of
the story.


Justice Minister Michael Masutha received notification that he had to
be extradited to the DRC to face criminal charges in that country.



According to Interpol the attorney-general in the DRC insisted that he
be prosecuted and for this reason his asylum application was rejected.



Mukungubila said the Refugee Status Determination Board simply refused
his refugee status on the face of him having to face charges without
determining whether the charges were politically motivated.
It turned down his appeal before he even presented his case he said.



Instead it signed an order that he had to return to the DRC and
declared him to be an illegal foreigner in South Africa.


He denied responsibility for any of the charges he is supposed to face
and said he was involved in peaceful demonstration in the DRC.
According to him he had been a victim of the government of Joseph
Kabila on numerous occasions.


He stated that during 2006 when he contested the presidential
election, he was also set upon by commandos send by Kabila.


Judge MJ Maluleke said in terms of the South African constitution all
persons had the right to present their case before any forum that was
established by law.


He thus had the right to appeal against his refugee status and to be
heard before his application could be turned down.


This is a classic case of putting the proverbial cart before the horse
the judge said. He questioned how an appeal can be turned down without
the appeal even having been heard.


He said that based on Mukungubilas affidavit it was clear he would be
subjected to persecution on account of his religion and political
opinion if he had to return to the DRC. The judge also said that Home
Affairs never refuted that this would be the case.


The judge said Mukungubila did everything by the book to try to
explain his situation to the authorities but his pleas fell on deaf
ears or were simply not entertained.


He said it was in fact against the law for Home Affairs not to
consider his appeal at all.


The judge ordered that Mukungubila may not be deported until his
appeal had been heard and determined. He also declared that in future
nobodys refugee status may depend on the fact that there were
extradition proceedings against him or her.


The judge said refugee status should be independent from extradition
proceedings.
Pretoria News