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Refugee organisations take Home Affairs to court for defying judges

Source: Groundup, 10/05/2018


More than a month after the deadline, still no fully functioning
refugee centre in Cape Town
The Legal Resources Centre, representing the Scalabrini Centre,
Trustees of Scalabrini Centre and Somali Association of South Africa,
is seeking to compel Home Affairs to comply with two court orders.
On 4 May, the Legal Resources Centre (LRC) filed court papers against
the Department of Home Affairs for continuing to be in breach of an
order of the Supreme Court of Appeal.
The court, in September, ordered Home Affairs to re-open a fully
functional Cape Town Refugee Reception Office by 31 March. This means
the centre must accept new asylum applications which it currently
does not accept. The department was meant to provide monthly status
reports to the court on its progress.
The Western Cape High Court, in a separate matter, ordered in “the
Nbaya” case that Home Affairs renew or extend asylum seeker permits
at its Cape Town refugee offices, irrespective of where the
applicants first applied for asylum.
The legal battle between refugee organisations and Home Affairs goes
back to 2012, when Home Affairs closed its Cape Town office for new
asylum applications. The closure meant Cape Town would only service
asylum seekers who had already applied for refugee status. New
applicants could only apply in Durban, Musina or Pretoria. In court
papers, the LRC argued that Home Affairs was penalising refugees
unfairly.
The LRC is representing the Scalabrini Centre, Trustees of Scalabrini
Centre and Somali Association of South Africa. The relief sought by
the applicants includes an order appointing a Special Master to
ensure Home Affairs complies with the court orders and that asylum
seekers and new applicants are provided for in the interim.
The LRC will also argue that the practise and policy of issuing
administrative fines to asylum seekers who cannot comply with the law
because there is no office in Cape Town is irrational and unlawful.
Home Affairs has 15 days to oppose the relief sought or file
answering affidavits.
Spokesperson for Home Affairs Mayihlome Tshwete said, “Home Affairs
has no intention to disregard the judicial directive and we will duly
respect the judgement. In this regard, we have commenced with plans
to comply with the order.”
He also referred to the department statement of 17 April, which said
it had allocated a budget and prioritised the funding to fill key
posts. However, the department was dependent on Public Works to
provide suitable office accommodation.
Tshwete said, “The Department continues to provide existing clients
with the services at the current office accommodation, as the South
African government is a signatory to various UN Conventions and we
have committed ourselves to assisting those who have come to our
country for assistance. The department will continue to uphold its
constitutional obligation to those in need of protection from any
form of persecution.”
But in court documents, the Scalabrini Centre said Home Affairs is
still refusing to renew documents for asylum seekers who initially
applied outside the Western Cape.
Munkindi Jolie Mwabi, originally from the DRC, testified that she
arrived in Cape Town in 2013. Home Affairs told her she had to go to
Durban, where she did receive an asylum paper. After the “Nbaya case”
she went to the Cape Town Foreshore offices on 5 March. She said
officials made a copy of a letter she had from the Scalabrini Centre
explaining the Nbaya case, took her contact details, and said they
would get back to her. She said she has yet to receive any form of
communication from Home Affairs.
“My personal circumstances do not allow me to travel to Durban
anymore due to financial constraints and because I am [now] a mother
of a one-month-old baby. I constantly live in fear of being arrested
at any time. I have difficulties in receiving basic medical care for
myself as well as my baby. I was also not issued a birth certificate
at the hospital as the result of my expired permit,” she said.


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