Johannesburg - International law and humanity will be tested this week as three Ethiopian nationals appeal to the full Bench of the Gauteng Division of the High Court in Joburg, arguing that the High Court failed to consider international law in its earlier ruling when it ruled that the trio must remain in jail while waiting for Home Affairs to assist them in making an application for asylum.
Represented by legal heavyweight Snethemba Vobi, the appellants are foreigners who fled Ethiopia after being persecuted for political and religious beliefs.
The trio individually entered South Africa illegally and not at ports of entry. They were subsequently arrested and detained at the time the urgent interdict application was heard by the High Court in Joburg.
While they were detained at the Lindela Repatriation Facility awaiting deportation, on July 26, 2021, the High Court interdicted their deportation and ordered Home Affairs to assist the appellants within 14 days while they remained in jail.
The High Court rejected the appellants’ argument that their continued detention was unlawful even though they had shown an intention to apply for asylum and that Home Affairs’ decision to keep them in detention was not justified. The High Court further refused to release the appellants from jail.
Unhappy with the decision of the High Court, the foreign nationals applied and were granted leave to appeal by the single judge to the full Bench of the High Court. This means that the appeal or case will now be heard by three judges.
The foreign nationals argue that the judge hearing their case should have ordered that they be released from jail when the judge ruled that Home Affairs should not deport them to Ethiopia. They argue that keeping them in jail until Home Affairs decides to assist them is a violation of their human rights and is against the Constitution and international law, of which South Africa is a part of.
The appellants will argue that their detention after July 26, 2021, was without just cause. They will further argue that the court must rule in their favour and declare that they were entitled to be released and remain in the republic pending the final determination of their asylum applications.
Vobi will also challenge the amendments made to the Refugees Act and regulations on the basis that they do not comply with the standards set out in the Constitution of the Republic of South Africa and international law.
The Star