Immigration chaos looming?

2003-04-07 12:49

Cape Town - The prospect of immigration chaos loomed anew on Monday when Home Affairs Minister Mangosuthu Buthelezi was refused permission to appeal to the Supreme Court of Appeal against a ruling striking down key regulations.

The effect of the refusal, by a full bench of the Cape High Court, is that at one minute past 18:00 on Monday, the new Immigration Act will come into force coupled with outdated regulations from the old Aliens Control Act.

Immigration experts say this will lead to chaos at South Africa's ports of entry.

However, government lawyers could still avert disaster by applying to the Constitutional Court before 18:00 for leave to appeal.

Monday's ruling follows a finding on March 11 by Cape Judge President John Holphe and Judge Deon van Zyl that the regulations supposed to come into force at midnight that night, along with the new Immigration Act, were invalid and unconstitutional.

The challenge to the regulations was brought by immigration lawyer Gary Eisenberg.

The judges' ruling would have meant that the new act came into force with the old regulations, which bear no relation to the legislation.

But in a second decision late that night, Van Zyl ordered that both the act and the regulations be suspended until 18:00 on Monday, pending a decision on leave to appeal.

He and Hlophe refused Buthelezi leave to go to the Supreme Court of Appeal in Bloemfontein.

They also issued what is known as a "negative certificate" saying they believed there was no prospect of the Constitutional Court reversing their decision, and ordered him to pay Eisenberg's costs.

A negative certificate does not preclude Buthelezi from going to the Constitutional Court.

However, his legal team appeared on Monday morning to have been caught by surprise by the realisation that they faced a deadline.

Home Affairs officials were no less concerned.

One senior official, who had been listening to the case from the public gallery, approached Eisenberg's advocate Anton Katz in the street outside the court afterwards, and said: "Mr Katz, can I ask you a simple question. Where the hell are we?"

Eisenberg is expected to oppose any bid by Buthelezi to seek Constitutional Court leave to appeal.

- SAPA