Home affairs’ rejection of foreigners’ applications costs millions in litigation

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Supreme Court of Appeal recently threw out the department’s defence of its actions, describing them as ‘unconscionable’, writes Stefanie de Saude-Darbandi

Supreme Court of Appeal recently threw out the department’s defence of its actions, describing them as ‘unconscionable ... deliberately obstructive and dilatory’Zimbabwean nationals queue outside the Department of Home Affairs’ offices in Vereeniging, waiting to be documented. Picture: SOWETAN

Most court cases stem from the wrongful refusal of applications or delays in processing applications, which can push back outcomes for years. Appeals against wrongful refusal can take years more to process, leaving applicants without status in the interim and driving them to court. We noted that even simple applications to the department can take years to be resolved, if they are resolved at all. We therefore sought to compel the department to comply with its obligations in terms of the constitution and applicable legislation.

The principles of “batho pele” require government officials to be polite, open and transparent and deliver good service to the public, and there are many dedicated home affairs officials who take this to heart. Unfortunately, some adopt an obstructionist attitude and do not appear to focus on public service, or indeed the country’s economic development.

 

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We all have to return to our countries and make applications from the Embassy. Why are these people given this privilege.

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