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Chinese deported 'by mistake'
15/03/2007 22:00 - (SA)
Pretoria - A "misunderstanding" between two home affairs officials resulted in the unlawful deportation of three Chinese nationals in December last year, Pretoria High Court was told on Thursday.
Judge Essop Patel ruled in December last year that the deportations of Chinese nationals Fang Yan, Miexiang Gao and Wenyu Gao were unlawful and "in breach and disobedience" of an earlier interim interdict preventing their deportation.
The judge ordered that Home Affairs Minister Nosiviwe Mapisa-Nqakula, special investigating unit assistant director Manicum Moodley, home affairs chief immigration officer Sam Langa and head of the Lindela repatriation centre R Marhule must jointly pay the air-travel costs to fly the three individuals back from China to South Africa for a court appearance on March 15.
Minister ordered to issue visas
On Thursday, it emerged the three had returned to South Africa last week, but that neither the Chinese embassy nor home affairs knew where they were.
Mapisa-Nqakula had been ordered to contact the three deportees through the South African embassy in China, issue visas to them and to investigate and submit a report to the court to explain why the three were deported.
The judge also had ordered the immediate release of a fourth Chinese national, Xianyun Yan, from the Lindela centre and ruled that she be given a temporary residence permit.
Home affairs already has given notice that it intends applying for leave to appeal to either a full Bench of the High Court or the Appellate Division against Judge Patel's ruling.
Judge Jerry Shongwe postponed the application indefinitely to give the department time to trace them.
Immigration officer Sam Langa said in an affidavit the three had "mistakenly" been deported back to China because of a "misunderstanding" between two officials and there had not been any intention to disobey an earlier undertaking not to deport them.
He said the court was immediately informed of their deportation when it was discovered.
Approached court
The three insisted they had obtained valid work permits through an immigration agent and were also never warned of their rights in a language they could understand before they were deported.
Home affairs said that as far as they were concerned, all three, and Mrs Yan as well, were illegal foreigners.
Mrs Yan's husband, Kuruman businessman Ruiren Yan, approached the court for help after his wife and the other three - all family members - were arrested in October last year and threatened with summary deportation.
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