SA Home Affairs official tears up Zimbabwean child's passport

SA Home Affairs official tears up Zimbabwean child's passport
Published: 06 December 2018 (236 Views)
The Department of Home Affairs is once more embroiled in a legal battle.

On September 21, court papers were filed in an application lodged against the minister and the director general (DG) for declaring a visa application by a Zimbabwean child fraudulent and banning him from returning to SA for five years, GroundUp reported.

As a result of the department's action, Wadzanai Bello has been separated from her 16-year-old son, Tinashe Bello, since March. He has missed a year of schooling.

She says it has caused her much pain. Her only contact with her son is by telephone twice a week.

Bello is being represented by the Legal Resources Centre. In her founding affidavit in the court case, she states that Tinashe has been at Zonnebloem Nest High School since 2015.

Visa application

In February, he was selected to go to Germany to represent his school in a soccer tournament. But for Tinashe to leave and re-enter South Africa, the German embassy insisted he get a study visa, not the visitor's visa which Bello initially applied for at the Visa Facilitation Centre (VFS) in Cape Town.

On the advice of the VFS, Bello sent Tinashe to Zimbabwe to apply for the study visa because an application can only be made outside of South Africa.

Since she could not accompany her son because she was working in Cape Town, she relied on the assistance of her extended family in Zimbabwe and a South African family that helped with supporting documents and money to enable Tinashe to apply for the visa.

In May, at the last of several frustrating appointments that Tinashe and his family attended at the South African Embassy in Harare, where a different document was rejected each time, he was suddenly informed that his application was "a scam".

In her affidavit, Bello says the South African Home Affairs official then tore up Tinashe's passport and threw it away. Tinashe was informed that he was banned from returning to South Africa for five years.

Bello said in the affidavit that the DG's dismissal of the visa application as fraudulent was substantively and procedurally unfair.

Tinashe was not given an opportunity to make representations nor was he given an opportunity to exercise his right of review or appeal in terms of the Immigration Act.

According to Bello, there were no reasonable grounds to conclude that the application was fraudulent. She argued that irrelevant considerations were taken into account and relevant considerations were not considered, resulting in the decision being taken arbitrarily.

Also, although it is still unclear whether Tinashe was in fact declared a prohibited person, Bello's affidavit says a fraudulent application is not a listed ground in terms of Section 29 of the Immigration Act to make such a declaration, and the DG exceeded his powers because he did not have the necessary standing to declare a person a prohibited foreigner outside the ambit of the act.

Tinashe was in possession of a valid passport and the information that was provided was correct, according to Bello's affidavit. If there is any suspicion about the authenticity of the documents, there are other means available to the DG to verify the information.

- www.groundup.org.za

 0

You May Like These Videos

Comments

There are no comments.

Latest stories

Obert Gutu takes Chamisa head on

by Mandla Ndlovu | 18 February 2019 | 23 Views

PHOTO: Mugabe's latest picture goes viral

by Mandla Ndlovu | 18 February 2019 | 94 Views

Mnangagwa dumps Chiwenga's security

by Mandla Ndlovu | 18 February 2019 | 83 Views

BREAKING: Mnangagwa retires 4 top army Generals

by Mandla Ndlovu | 18 February 2019 | 80 Views

MDC Youths speak on Chamisa Presidency

by Mandla Ndlovu | 18 February 2019 | 80 Views

BREAKING: Tendai Biti found guilty

by Mandla Ndlovu | 18 February 2019 | 102 Views

WATCH: Chinotimba perfoms ritual at a Dubai river

by Mandla Ndlovu | 18 February 2019 | 62 Views

Christianity to be labelled mental illness

by Mandla Ndlovu | 18 February 2019 | 100 Views

Gloves off for merchants of violence and jecha peddlers

by Staff reporter | 18 February 2019 | 70 Views

Zimbabwe's January inflation hits 10,75%

by Staff reporter | 18 February 2019 | 57 Views

Guvamombe trial set for February 28

by Staffg reporter | 18 February 2019 | 53 Views

Hodzi appointment gazetted

by Staff reporter | 18 February 2019 | 57 Views

'Zinara toll fees remain unchanged'

by Staff reporter | 18 February 2019 | 51 Views

Prison officer remanded over shutdown protests

by Staff reporter | 18 February 2019 | 58 Views

Ariel Sibanda for Bosso captaincy

by Staff reporter | 18 February 2019 | 53 Views

Zimbabwean anarchists must be afraid, very afraid

by Editorial - Zimpapers: | 18 February 2019 | 57 Views

Zimbabwe fuel marking will deter smuggling

by Staff reporter | 18 February 2019 | 62 Views

Mnangagwa touched by Battlefields tragedy

by Staff reporter | 18 February 2019 | 67 Views

Mungoshi burial set for tomorrow in Chivhu

by Staff reporter | 18 February 2019 | 64 Views

Mnangagwa underscores free education

by Staff reporter | 18 February 2019 | 56 Views

Minister blasts poor workmanship on roads

by Staff reporter | 18 February 2019 | 46 Views

Zimbabweans must work harder to bust sanctions

by Staff reporter | 18 February 2019 | 51 Views

Jabu features in nasty indecent tape

by Staff reporter | 18 February 2019 | 62 Views

Protests cases flood Bulawayo courts

by Staff reporter | 18 February 2019 | 47 Views

Mnangagwa to name Harare Minister this week

by Staff reporter | 18 February 2019 | 48 Views

CBZ garnishes all Dembare's financial sources?

by Staff reporter | 18 February 2019 | 38 Views

Mnangagwa extends Land Commission's tenure

by Staff reporter | 18 February 2019 | 39 Views

Zimbabwe GNU talks dismissed

by Staff reporter | 18 February 2019 | 36 Views

Masvingo humbled by turnout at Mnangagwa's rally

by Staff reporter | 18 February 2019 | 29 Views

Bosso, Caps United supporters clash

by Staff reporter | 18 February 2019 | 23 Views

Parliament meets over Temba Mliswa bribe

by Staff reporter | 18 February 2019 | 24 Views

Farm evictions loom in Midlands

by Staff reporter | 18 February 2019 | 23 Views

Mnangagwa hails Education Amendment Bill

by Staff reporter | 18 February 2019 | 24 Views

Mohadi clears air on Nuanetsi Ranch ownership

by Staff reportert | 18 February 2019 | 30 Views

Bogus lawyer arrested for fraud

by Staff reporter | 18 February 2019 | 27 Views

4 armed robbers in army uniform arrested

by Staff reporter | 18 February 2019 | 33 Views

MDC Alliance threaten to unleash more protests

by Staff reporter | 18 February 2019 | 24 Views