Pretoria - Denis Krejcir, son of controversial fugitive Radovan Krejcir, is desperately trying to return to South Africa after he was kicked out of the country in December.
Denis, according to papers before the High Court in Pretoria, is in the Czech Republic at present.
Marlene Nezar, 22, who described herself as his life partner, brought an urgent application against the Minister of Home Affairs.
The pair are asking for an order permitting Denis to return to South Africa, pending various appeal and review applications against Home Affairs. They are also launching a constitutional challenge against the department, they said.
Nezar, in a statement before court, said Denis is a Seychelles citizen who has been a permanent resident of South Africa since October 2009.
Last year Home Affairs issued him with his latest ID document, as the first one was destroyed in the washing machine when he left it in his trousers.
Nezar said she had been living with Denis for two years at his parental home in Bedfordview and they intended to get married soon.
Denis was either deported, expelled or excluded from South Africa on December 15 last year, as he, his mother Katerina and Nezar were due to leave for a holiday abroad, the court was told.
According to Nezar, an immigration officer at OR Tambo Airport informed Denis that he had been classified as a “prohibited person” in terms of the Immigration Act.
He was told he had to leave South Africa and may not return.
An immigration officer said Denis’s permanent residence permit was fraudulent.
Nezar said they were not given any documents setting out the reasons for this.
“Denis was given no option but to leave South Africa on the next available flight,” Nezar said.
His lawyer lodged a review and appeal proceedings regarding the decision to kick him out of the country. The department was also asked for reasons as to why he was declared a prohibited person. Nezar said to date no reasons had been forthcoming and they had received no response regarding their intention to appeal the matter.
“Since leaving in December, Denis has been forced to remain in the Czech Republic,” Nezar said. This infringed on their rights, as they are unable to see each other or live together as she is a South African citizen.
“Denis does not have a home in the Czech Republic, the Seychelles or anywhere other than with me in South Africa.”
Nezar said she is not employed, but helps Denis’s mother Katerina to run the household and to look after his 5-year-old brother Damien. His grandmother gives them an allowance to cover their living expenses.
She said her relationship with Denis is very serious and they have “experienced more stress and personal tests that many other couples experience in a lifetime”.
The wanted to get married in Las Vegas last year, but due to the “difficult circumstances of Denis’s family” decided to postpone their marriage plans “until a better time in the future”.
Nezar said they are only asking that Denis temporarily return to South Africa, pending the finalisation of their challenges to him being expelled from the country.
Home Affairs has not yet replied to the allegations and the matter was removed from the roll for the department to file its answering affidavit.
The matter will be re-enrolled after the applicants have filed their reply to the department’s response.
Pretoria News