I'M A PATRIOT
I'M A PATRIOT
A ZIMBABWEAN MAN CHALLENGES SOUTH AFRICAN IMMIGRATION LAWS BUT FALLS SHORT IN COURT
In a recent court ruling, the court found no justification for the limitation or infringement of fundamental rights, and as a result, a declaratory order is set to be made. The case involves Mr.Tapiwa Tembo, a Zimbabwean who has repeatedly entered and left South Africa illegally. Despite being declared an undesirable person under section 30 of the Immigration Acts, Mr. Tembo, who entered South Africa illegally on his first visit, later entered into a romantic relationship with a South African citizen, resulting in the birth of a child.
Mr. Tembo sought a reviewal application at the high court, contesting the Director General's decision declaring him undesirable. However, the High Court dismissed his application, citing his history of illegal conduct during multiple entries and stays in South Africa.
The court concluded that Mr. Tembo's application for leave to appeal should be refused on two grounds. Firstly, the "Dirty Hands" principle was invoked by the High Court due to Mr. Tembo's illegal conduct. Secondly, it was noted that Mr. Tembo failed to exhaust internal remedies by not appealing to the minister against the Director General's decision.
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In the final ruling, the court refused Mr. Tembo's application for leave to appeal with costs, highlighting the flawed nature of the original High Court order. The court issued a revised order, declaring certain sections of the Immigration Act and corresponding regulations inconsistent with the Constitution, specifically in relation to the rights of foreigners who are parents of South African citizen children.
The court's order involves a 24-month suspension of the declaration of invalidity, allowing Parliament the opportunity to address the constitutional defects identified in the Immigration Act. During this period, specific sections of the Act and regulations are deemed to read differently, providing temporary relief to affected individuals.
Additionally, the court declared that if Parliament fails to correct the defects within 24 months, the reading in of the Immigration Act will become final. For specific individuals, including Teresa, Raymond Fiery Condron, Richard Anderson, and Joshua Okada, their visas remain valid until new status applications are determined.
In Part B of the order, Mr. Tembo's application for leave to appeal was refused with costs, to be borne by Mr. Tembo personally. The costs do not include those related to Mr. Tembo's personal and representative capacities in the application arising from WCHC case number 3919/20.
Editors' Notes
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