Johannesburg - The Home Affairs Department said it has asked for a legal opinion regarding the matter involving 22 Afghan nationals who were dumped in the country without being vetted.
"We are reviewing our options and have asked for a legal opinion in this regard," said Home Affairs Minister Aaron Motsoaledi’s spokesperson, Siya Qoza.
South Africans expressed concern over a security rush associated with the 22 Afghan nationals who are in the country; some even suspected that they might attack citizens.
Last week, the Pretoria High Court ruled in favour of the 22 Afghan nationals who are believed to be running from the "Taliban" and who wanted asylum in the country.
This was after the US NGO Lifeline Foundation took the department to court after the applicants were refused entry.
According to the website, the Lifeline Foundation is an expeditionary-focused, 501(c)(3) non-profit organisation providing humanitarian support, security, and logistics to rebuild communities around the world. It was established in 2021.
Last month, Motsoaledi said the department was challenging the court order because the asylum seekers could pose a risk to the country.
The department said on February 15, 2023, they received a letter from a firm of attorneys representing unnamed Afghan nationals demanding that asylum transit visas be issued to those unnamed individuals at Beitbridge Port of Entry.
When asked if he will challenge the ruling, Motsoaledi said they are going to hear what the lawyers tell them.
"By the way we have challenged it, they were supposed to arrive here on February 17 because we received that letter on the 15th and we challenged it in court. And after that, when it went to court for the second time, the judge said that you must allow them in to apply. So we will look into which areas, depending on what the lawyers advise us to do," Motsoaledi said.
Motsoaledi said he was disappointed with the ruling, citing that no one goes to court not hoping to win.
After the ruling, the department said it would abide by the ruling, but Motsoaledi, in an interview with one of the broadcasters, said they are reviewing the decision because a number of colleagues in government are not convinced that the country should take it. He said they also looked at the implications to see whether this was going to open floodgates.
"So we are looking into an issue, including asking for legal advice from outside the department, outside the government," he said.
He said they will abide because the court said they must allow the 22 individuals to come to the country to apply for asylum.
When asked about the whereabouts of the 22 individuals, Motsoaledi said the last time he checked, they were in Zambia.
"The last time we learned, they were in Zambia, and we believe that they are still there. Remember that in Zimbabwe, they entered as visitors who said they were on vacation. That's what the Zimbabwean government informs us. We were given 30 days, and they were expiring. That is why they had to leave Zimbabwe, but we understand that they applied for the same visitor's visa to Zambia, and they're still there. I don't know how long I heard the rumour that it was going to be for 25 days. I don't know when it will expire. But they are still there," Motsoaledi said.
Explaining the asylum process, Motsoaledi said the system says once one goes through the borders having been given the Section 23 permit, that means, in terms of Section 23 of the Immigration Act, you are given five days to represent yourself at the nearest refugee reception centre,
He said the country has five centres, one in Limpopo, two in Tshwane, Gauteng, one in Cape Town, one in the Eastern Cape, and one in KwaZulu-Natal.
He said they will find a kiosk at a refugee reception centre where people can just go and do renewals.
"Then during that process, a person called a refugee status determination officer will be interviewing you to see whether you qualify for refugee status in terms of the United Nations Convention 1951 and the United Nations Protocol of 1967 and the EU, now called the European Convention of 1969, and the domestication of all those laws, the domestication into the Refugee Act of South Africa of 1998," said Motsoaledi.
ATM President Vuyo Zungula said the issue is our Constitution.
"People drafted the Constitution in the mid-1990s because they wanted to be the complete opposite of what happened during apartheid. Then this is abused by foreign nationals and other foreign bodies that want to achieve certain objectives in South Africa," Zungula said.
According to media reports, these 22 individuals were willing to provide medical assistance at the Cape Flats in the Western Cape, a place known for violent crimes and gang-related incidents.
Motsoaledi said that is an insult to the medical fraternity.
"How does a person say, I’m coming to apply for asylum, and you must give it to me; after all, I’m going to help you, and I even know the area where I’m going to help you. Surely if we have a shortage of medical personnel, we are the ones, as a sovereign state, who must say so and even show you the area where you must go. They did not even mention what kind of medical qualifications they have," Motsoaledi said.
He revealed that they have the passengers' manifest.
"But what we know about them is that the Americans themselves say these are the people who were helping the Americans during the time when Americans were in Afghanistan," he said.
He said they are suspicious of the individuals and what is going on.
"We are still very suspicious about what is going on. In court, the explanation was that the people moved from Afghanistan to Pakistan and the Taliban followed them there. And then they went to Qatar. And they claim that Qatar sent them away. Then they went to Zimbabwe and never said they were being sent away; we are asking for asylum or protection. They said they were on vacation. Now they are in Zambia for a vacation. Why is it that out of all those countries, only South Africa has been targeted for this?" said Motsoaledi.
An activist known as "Sentletse" on Twitter asked DIRCO spokesperson, Clayson Monyela, if the country had any security background information on the 22 Afghan nationals.
"Nothing! They're not vetted (their background and agenda are unknown). They arrived at Beitbridge, accompanied by some American citizens. Lawyers had already written to Home Affairs (reportedly briefed by an American-based NGO). We need to urgently review and tighten our immigration laws," replied Monyela.
The Star