South Africa: Home Affairs Welcomes Court Judgment On Enforcement Application in Helen Suzman Foundation

Minister Aaron Motsoaledi (file photo).
press release

Press statement on the full court judgment on the enforcement application brought by Helen Suzman Foundation ("HSF")

1. The Minister of Home Affairs ("Minister") whole-heartedly welcomes the Full Court judgment (Gauteng Division, Pretoria) on the enforcement application in the Helen Suzman Foundation ("HSF") v Minister of Home Affairs and Another (ZEP matter) dismissing the ill-conceived enforcement application brought by Helen Suzman Foundation ("HSF") joined by the Consortium for Refugees and Migrants in South Africa ("CORMSA").

2. The HSF adopted an opportunistic approach of seeking 50% personal costs order against the Minister. This was too dismissed by the Full Court. HSF has been launching applications in court against the Minister in the so-called "public interest". The question is whose public interest is HSF and its fellow travelers serving? In essence, HSF and CORMSA sought the judgment whereby the court will issue an order to compel the Department to implement the adverse judgment regardless of any subsequent appeal by the Minister in any court. This judgment must serve as a wake-up call to the affected Zimbabwean nationals to follow the procedures outlined by the Minister to regularize their stay in the Republic and forget about false promises.

3. The Full Court correctly dismissed the suggestion that there would be "calamities" in the event the enforcement order is not granted. These looming calamities and catastrophe only exist in the minds of HSF and CORMSA. They now approached court asking for more than they sought in the main application. The Court was justified in dismissing the application.

4. The minister would like to make use of this opportunity to announce that cabinet has approved the white paper on citizenship, immigration and refugee protection: towards a complete overhaul of the migration system in South Africa. The white paper will be published in the Government Gazette for public comments in due course.

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