Home Affairs loses appeal bid

Second failed attempt to challenge order to reopen PE refugee office

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 (SCA) judgment ordering the department to reopen the refugee reception office in Port Elizabeth.

This means the department must adhere to the SCA’s March ruling and reopen the office.

The department was given three months to do so from the date of the order.

In April, the department filed its first application with the Constitutional Court for leave to appeal against the SCA order.

That application was dismissed in August after the department failed to meet the June 26 deadline to file its written submission.

Last month, Home Affairs direc- tor-general Mkuseli Apleni filed another application for the reconsideration of the August order.

In his affidavit, Apleni said it would be in the interest 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 submission, 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 had its genesis in 2011 when the Somali Association of SA challenged Apleni’s de- cision of October 2011 to close the Port Elizabeth 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 the SCA also dismissed the department’s appeal.

This prompted the department to approach the Constitutional Court to apply for leave to appeal.

Lawyers for Human Rights, which represented the association, welcomed the dismissal yesterday.

“What makes this outcome so significant is that this vulnerable population has finally been recognised,” Lawyers for Human Rights attorney David Cote said.

“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.”