Minister bows to judge's wrath
2006-06-06 20:05
Pretoria - Home Affairs Minister Nosiviwe Mapisa-Nqakula released some information on Tuesday - as demanded by a judge - about the deportation of Pakistani national Khalid Mahmood Rashid.
Rashid's attorney Zehir Omar would now consider whether the information was sufficient.
In a fax sent to Omar's office in Pretoria, Nqakula's department admitted that Rashid had been deported through Waterkloof air force base.
On Monday night, Pretoria High Court's Judge Poswa said he had reached the end of his tether with Mapisa-Nqakula and ordered her to comply with an order he had made in May to supply the information.
That order required Mapisa-Nqakula and her department to state which Pakistani authorities received Rashid when he was deported, the flight number of the aircraft he flew in, and the place where the aircraft landed.
Gave minister until Tuesday
The minister had until May 29 to supply the information, but instead of complying, the department noted its intention to ask for leave to appeal against the order.
Omar brought an application on Friday that the minister be compelled to comply with the order despite the intended appeal.
On Monday, Judge Poswa ruled that his order had to be complied with and, as a matter of courtesy, gave the minister until noon on Tuesday to do so.
The State attorney sent a written answer to Omar on Tuesday, in which he said that the State could not provide a flight number or the place where the plane landed.
He gave the aircraft registration number and the names of Pakistani officials who received Rashid.
And, for the first time, it has been admitted that the plane took off from Waterkloof air force base, and not from an airport.
Omar said, claiming that Rashid had been kidnapped: "I challenge the minister to name any other people who were deported from Waterkloof military base,".
He said he was considering taking further court action to try to establish Rashid's whereabouts.
Rashid disappeared at the end of last year from Estcourt where he had been picked up in a night raid on his home, for allegedly being an illegal immigrant.
His arrest was contested in court, but home affairs officials said Rashid was deported to Pakistan within days after his arrest.
"There were fears in the Muslim community, however, that Rashid may have been taken to an international detention centre.
Omar applied to the court for an order that the department give details about Rashid's whereabouts.
'Took three court orders'
The order was granted and earlier this year the department responded in affidavits that he had been deported to Pakistan and, since he was outside South Africa, they could not give further information.
Omar again approached Pretoria High Court to get detailed information about his deportation.
"Rashid was a victim of abduction, why did it take a pain staking effort; no less than three court orders, to answer the questions," asked Omar on Tuesday.
- SAPA