South African immigration acted illegally in denying work permit

January 06 2009 by Gareth McConnell

The Department of Home Affairs sent a Zimbabwean teacher from ‘pillar to post’, used delay tactics coupled with arrogance and created ‘exceptional circumstances’ justifying interference of the courts and the immediate granting of a South African work permit – these are the findings of the High Court in Grahamstown.

Zweleni Ncube moved to South Africa in 2007 when he successfully applied for an English teacher position in an Eastern Cape School but his employment was cut short when South Africa immigration delayed approving his work permit.

During a year long struggle for justice Ncube endured offensive and disrespectful behaviour from officials, was arrested and criminally charged for working without a South African visa, endured expenses and long journeys to clear his name and win the rightful processing of his South African visa application.

Charges for the arrest were later dropped by an unconvinced public prosecutor and when Home Affairs refused to issue a work permit and he appealed to the High Court he finally found integrity.

Judge Lusindiso Pakade said that during his long quest for his work permit, Home Affairs had sent Ncube from “pillar to post” without assisting him at all.

Pakade ordered Home Affairs to pay Ncube R16000 compensation for transport costs, the work permit and extension of his visa and lost wages.

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