Fed-up family turns to court to end red-tape woes

A JOBURG couple have launched an urgent application in the North Gauteng High Court to force the Minister of Home Affairs to allow their 15-year-old daughter to travel without an unabridged birth certificate during the holidays.

“It is sad that citizens are forced to embark on a struggle against this regime for something as simple as an unabridged birth certificate.

“There is unfortunately no alternative. Citizens must take this government to court to ensure it complies with its own laws and regulations,” said attorney Dino Tserkezis.

Paul and Tracey Lee Derbyshire from Boskruin want the court to force Home Affairs Minister Malusi Gigaba and the department’s director-general, Mkuseli Apleni, to issue an unabridged birth certificate by 5pm on Monday or allow them to depart from OR Tambo on July 1 with their daughter, Kate, and return.

Under the new law, all minors under the age of 18 are required to produce, in addition to their passport, an unabridged birth certificate.

The Derbyshires, who also have an older daughter, bought plane tickets to fly to United Arab Emirates, Greece, Croatia and Italy at a cost of more than R120 000. They visited the Randburg Home Affairs offices on May 13 and applied for the document and paid the prescribed R75 fee. They were assured the document would be ready on July 1.

But when the Derbyshires enquired on June 18, they were told to complete additional forms, which they promptly did. When they followed up again, an official said they would now have to wait an additional eight weeks.

The desperate and worried couple sought the help of Immigration Services at OR Tambo International Airport, but received no assurance.

“The minister and directorgeneral’s regulations and actions restrict our freedom of movement and are unlawful, unconstitutional and irrational,” the Derbyshires state in court papers.

Last week, four Durban pupils, whose trip to the US to take part in a literary competition was threatened because some didn’t have the required documentation, were cleared. Four months of waiting and an urgent court application later, it took the Department of Home Affairs less than three hours to issue the certificates.

The urgent application was brought by Jonathan and Kerry Katz and Pashian and Reneika Rajoo. They are the parents of Manor Gardens Primary School pupils Ezra Katz and twins Saneha and Tejal Rajoo who, along with a fourth pupil, William Humphrey, won the regional and then the national rounds of the Lit Quiz, qualifying them for the international competition.

The four pupils are due to leave for Connecticut on July 4.