SA Home Affairs official tears up Zimbabwean child's passport

SA Home Affairs official tears up Zimbabwean child's passport
Published: 06 December 2018 (232 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

Mangudya walks out of meeting with Mthuli Ncube

by Staff reporter | 15 February 2019 | 238 Views

BREAKING: Prof. Calistus Ndlovu declared National Hero

by Mandla Ndlovu | 15 February 2019 | 132 Views

Mnangagwa attends Zimbabwe International Research Symposium

by Staff reporter | 15 February 2019 | 133 Views

Mines tragedy declared national disaster

by Staff reporter | 15 February 2019 | 142 Views

Zimbabwe now facing condom crisis

by Staff reporter | 15 February 2019 | 156 Views

Zimbabwe looks to tackle telecom fraud with technology

by Agencies | 15 February 2019 | 95 Views

Joshua Nkomo was a dictator?

by Mandla Ndlovu | 15 February 2019 | 133 Views

Re-colonising Zimbabwe will not work

by Gift Mashoko | 15 February 2019 | 97 Views

Chamisa saddened by Battlefields mine tragedy

by ZimLive | 15 February 2019 | 112 Views

Tsvangirai was duped by Mnangagwa

by Staff reporter | 15 February 2019 | 147 Views

2 300 ZUPCO buses offered to Zimbabwe

by Mandla Ndlovu | 15 February 2019 | 124 Views

Zanu-PF a sanctuary for thieves

by AT Kadada | 15 February 2019 | 111 Views

The Mnangagwa regime

by Louisa Brooke-Holland | 15 February 2019 | 141 Views

Banks plunge into fresh crisis

by Staff reporter | 15 February 2019 | 137 Views

Ex-MDC MP faces jail over bank loan

by Staff reporter | 15 February 2019 | 112 Views

Human Rights petitions AU over Zimbabwe

by Staff reporter | 15 February 2019 | 98 Views

'Is Mnangagwa's govt pro-poor or Queen B?'

by Staff reporter | 15 February 2019 | 126 Views

Jilted man demands sex or $1 000

by Staff reporter | 15 February 2019 | 103 Views

Number plates shortage: Cops harass motorists

by Staff reporter | 15 February 2019 | 107 Views

Calls for Zimbabwe to join Rand Monetary Union grow

by Staff reporter | 15 February 2019 | 88 Views

Prophet Magaya and wife did not pay tax on mega salaries

by ZimLive | 15 February 2019 | 88 Views

US cannot be our national dialogue referee

by Christine Lethokuhle Mabhena | 15 February 2019 | 172 Views

The EU Parliament resolutions on Zimbabwe read like Chamisa's script

by Brightface Mutema | 15 February 2019 | 181 Views

Botswana NGOs condemns Zim army for killings

by Mandla Ndlovu | 15 February 2019 | 109 Views

Government committed to implementing reforms

by Gift Mashoko | 15 February 2019 | 167 Views

ZCLDN holds drug masterplan roundtable

by ZCLDN | 15 February 2019 | 98 Views

PHOTOS: Wicknell Chivayo visits Mtukudzi's grave

by Mandla Ndlovu | 15 February 2019 | 177 Views

Zimbabwe not yet ready for national dialogue

by Terence Simbi | 15 February 2019 | 149 Views

'Investor interest in 2nd Zimbabwe fuel pipeline grows'

by Staff reporter | 15 February 2019 | 131 Views

RioZim resumes operations

by Ndou Paul | 15 February 2019 | 132 Views

Fears of imminent maize meal price increases

by GMAZ | 15 February 2019 | 129 Views

Zimbabwe looks to tackle telecom fraud with technology

by Global Voice Group (GVG) | 15 February 2019 | 118 Views

Advocate Jacob Mudenda offside

by Kucaca Phulu | 15 February 2019 | 149 Views

Government silence on battlefields disaster a disgrace

by Jacob Mafume | 15 February 2019 | 107 Views

Haru Mutasa denied UK Visa

by Staff reporter | 15 February 2019 | 126 Views

Chamisa to bring everyone to Harare for a Mother of All Demonstrations

by Staff reportet | 15 February 2019 | 188 Views