Push to deport DRC man goes on

The Department of Home Affairs is appealing a court ruling preventing it from deporting Democratic Republic of the Congo (DRC) national Paul Joseph Mukungubila who entered the country as an asylum-seeker.

The department said yesterday it had noted media reports on the DRC national, who regards himself as a politician and “a man of God with revelatory powers”, on the future of his beleaguered nation. Mukungubila applied for asylum on March 5, 2014 and was issued with a “temporary asylum-seeker permit” pending finalisation of his application for refugee status. However, the department said the DRC made allegations of gross human rights violations against Mukungubila and requested Interpol to facilitate his extradition to the DRC. The extradition application against him was, therefore, granted.

The department said that after its rejection of his application for asylum, Mukungubila took the matter to the South Gauteng High Court in Johannesburg. The case was heard on October 17, 2016. On March 13, 2017, the court ruled that the department should allow Mukungubila to apply for asylum and halted extradition proceedings pending finalisation of his asylum application. “The essence of this judgment is that Mukungubila cannot be excluded, that he has a right to be heard, and that the department should make a decision after hearing him out,” said the department. “The department is unhappy with this judgment, as, respectfully, the court did not appreciate the intent of Section 4 of the Refugee Act, thus making this section of the law redundant. It is on this basis that on April 13, 2017 the department filed an application for leave to appeal to the Supreme Court of Appeal, or alternatively to the full bench of the Gauteng Division of the High Court.”

The department is awaiting the outcome of its application. “This application has the effect of staying the judgment of the high court pending its finalisation. In essence, this means Mukungubila does not have status in SA.” – ANA

Mukungubila cannot be excluded, he has a right to be heard and the department should make a decision after hearing him out.

Department of Home Affairs