Sowetan

State loses refugee office battle

SOMALIS WIN WAR TO KEEP CENTREOPEN

- Ernest Mabuza

THE Department of Home Affairs has lost its second bid to get the Constituti­onal Court to hear its appeal against the Supreme Court of Appeal’s judgment, which ordered it to reopen a refugee reception office in Port Elizabeth.

This means the department must adhere to the SCA ruling of March and reopen the office. The department would have three months to do so from the date of the order.

In April, the department filed its first applicatio­n for leave to appeal against the SCA order with the Constituti­onal Court. That applicatio­n was dismissed in August after the department failed to meet the June 26 deadline to file its written submission­s.

In October, home affairs director-general Mkuseli Apleni filed another applicatio­n for the reconsider­ation of the August order.

In his affidavit, Apleni said it would be in the interests of justice for the order to be reconsider­ed and that the circumstan­ces of the case were exceptiona­l.

Apleni said to the extent that the applicatio­n was dismissed solely on the basis of the late filing of the department ’ s written submission­s, this had the consequenc­e of depriving the department of its right of access to the court for the considerat­ion of the merits of the matter. The Constituti­onal Court passed the order dismissing the applicatio­n for reconsider­ation on Monday.

The matter has its genesis in 2011 when the Somali Associatio­n of SA challenged Apleni ’ s decision of October 2011 to close the refugee reception office. The closure curtailed refugee services for the asylum seeker population in and around the Eastern Cape.

Two high court decisions set aside Apleni ’ s decision and, in March this year ‚ the SCA also dismissed the department ’ s appeal. This prompted the department to approach the Constituti­onal Court. Lawyers for Human Rights, who represente­d the associatio­n, yesterday welcomed the dismissal. “What makes this outcome so significan­t is that this vulnerable population has finally been recognised. Asylum seekers are not entitled to any state assistance and are expected to find their own jobs and means of supporting themselves and their families.”

Home affairs was not available for comment.

 ?? PHOTO: PUXLEY MAKGATHO ?? LOST CAUSE: Home Affairs director-general Mkhuseli Apleni
PHOTO: PUXLEY MAKGATHO LOST CAUSE: Home Affairs director-general Mkhuseli Apleni
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