Families separated by immigration laws to be reunited
By Philani Nombembe
SOUTH AFRICA – Two families torn apart by controversial new immigration regulations heaved a sigh of relief yesterday after the Western Cape High Court ordered that their foreign spouses be allowed to re-enter the country.
Zimbabwean David Henderson was declared an undesirable person after leaving South Africa, where he has lived for seven years, to travel to Zimbabwe on May 28 while his wife and two young sons remain in South Africa.
Henderson’s South African wife, Cherene Delorie, took Home Affairs Minister Malusi Gigaba and director-general Mkuseli Apleni to court last week to force them to allow her husband to return while an appeal he has lodged with the department is finalised.
Her application was heard together with that of Brent Johnson, whose Danish wife, Louise Egedal-Johnson, was declared an undesirable person after a family holiday to Namibia in May.
Regulations gazetted on May 22 dictate that a foreigner married to a South African must return to their home country to apply for a spousal visa at the South African mission there.
Judge James Yekiso ruled in favour of the two families yesterday. Yekiso ordered that Henderson and Egedal-Johnson’s declarations as undesirable persons by the Department of Home Affairs officials be suspended and that they be allowed back into the country pending the appeals they made to the department.
Delorie was ecstatic after the ruling. She hopes that the ruling will set a precedent for other families in her predicament.
“I am very relieved and really hope this sets a precedent and helps other people without lawyers. It isn’t right to break up families,” said Delorie. “I hope Dave is coming on the next flight. I think it is important for the boys to spend some time with their father.”
Johnson said he had mixed emotions about the verdict. He said his focus was to be reunited with his son and wife.
“On one hand I am overjoyed but still when I reflect on what it took to get us here and why we are here I feel immense anger,” said Johnson. “But when the judge delivered the judgment I could have kissed him never mind bowing to him as I was about leave. It was a fantastic vindication of what we have said all the time.”
Immigration lawyer, Craig Smith, who represented Johnson said Yekiso affirmed his argument that foreigners with pending permits should not be rendered undesirable.
“It is a very good day for the Johnsons and in our view this was a cause we needed to pursue. The state opposed it vigorously but justice has been done and this is a relief to all those people who find themselves in this situation abroad that relief is in sight for them and they can return,” said Smith. Times Live
