Home affairs to study Dalai Lama ruling

2012-11-29 18:00

Johannesburg - Home Affairs Minister Naledi Pandor will study a ruling that the government acted unlawfully in delaying a decision on a visa application by the Dalai Lama, the department said on Thursday.

"The department has noted judgment handed down today by the Supreme Court of Appeal on the Dalai Lama matter," said immigration director general Jackie McKay.

"In line with our Constitution, the department respects the ruling of the Supreme Court in this regard."

McKay said Pandor and the department would study the judgment before comprehensively responding.

The Supreme Court of Appeal (SCA) concluded that former home affairs minister Nkosazana Dlamini-Zuma had unreasonably delayed the decision.

The appeal on the matter was brought by Inkatha Freedom Party leader Mangosuthu Buthelezi and Congress of the People leader Mosiuoa Lekota.

SCA Judge Robert Nugent said counsel for the minister rightly accepted that she was required by law to dispose of an application for a visa with reasonable punctuality.

The unanimous judgment by a full Bench found that the evidence indicated the matter was deliberately delayed so as to avoid a decision.

Meanwhile, political parties welcomed the judgment on Thursday.

Buthelezi said the ruling vindicated the view that the South African government had broken the laws of the country by delaying the visa.

"All this begs the question as to why the government, in twice preventing the entry of the Dalai Lama to South Africa, would do something so opposite to the will of the people of this country, the values of our Constitution and all that which is good, noble and decent in public affairs," he said.

He was speaking from Ulundi, in KwaZulu-Natal, via telephone, to a media conference in Parliament. Buthelezi said he was delighted about the judgment.

Lekota said he was "thrilled that, once again, the rule of law had been upheld".

He said the Constitution provided Archbishop Emeritus Desmond Tutu and any other citizen the right to freedom of association.

Freedom Front Plus spokesperson Corné Mulder also welcomed the ruling and said the case showed an abuse of power by the government and had damaged the country's image internationally.

"This action attests of an abuse of power by the ANC [African National Congress] government, which has lost its marbles," Mulder said in a statement.

"This is a classic example where the ANC government, in its submission to China, had committed an administrative transgression. It is furthermore also important to take note that it was once again necessary to approach the courts to force the ANC government to do its work correctly."

The Tibetan spiritual leader eventually cancelled his trip to South Africa to attend Tutu's 80th birthday on October 4, last year.

Tutu was outraged and accused the current government of being worse than the apartheid-era one.

  • alicia.myburgh.69 - 2012-11-29 18:04

    Lmao!!! Study it hard, get a degree in it... Actually try for your pedigree in it, you delightful retards

      morne.demeillon - 2012-11-29 18:18

      I think i will personally invite the Dalai Lama to come and visit me for my birthday here in South Africa. I will ask him to pray for the ANC coz they don't know what they are doing.

      jakalas.kruger - 2012-11-29 18:27

      Were they not supposed to know what they were doing when they did it?

      kortbroek.duplessis - 2012-11-29 18:38

      Hmmm she should also study the legal bills for this little joke, as usual the taxpayer have to cough up for their mess the much celebrated Dlamini-Zuma made. But please she shouldn't study it to hard and blow her remaining brain cell

  • JaredVN - 2012-11-29 18:08

    "Study the ruling?" Surely you mean "The cANCer and Home Affairs will ask their Chinese masters what to do next."

  • kobus.hattingh.5 - 2012-11-29 18:10

    All these corrupt departments have got a lot of studying to do lately. Probably more than what they did at school ever...

      kortbroek.duplessis - 2012-11-29 18:44

      Yeah you have a standard 3 and you are studying court rulings, wow. Wonder how does that work.

  • aspruyt - 2012-11-29 18:18

    Hey you incompetent fools at Home Affairs, where is my unabridged marriage certificate? First you throw away the paperwork and claim it was never handed in. Then when shown your own bloody receipt for submission you state one has to resubmit all the legal documentation even though it was 100% your negligence. Then 1 year later and month after month useless manager after manager you get told it is high priority and being processed. Screw you guys Home Affairs! You are absolutely useless!

      Tyrone Grobbelaar - 2012-11-29 19:03

      The exact same thing happened to me! What the hell?

  • michael.smit.73997 - 2012-11-29 18:22

    how long will this take ? Cos eish i dont waant to wek!

  • sam.brink.92 - 2012-11-29 18:32

    Lol study....

  • Montagnes.Bleues - 2012-11-29 18:37

    As they turned their collective racist ANC backs on international hero's in favor of the chinese dictatorship, they could at least have delayed it further until after his actual demise whenever that will happen. But at least Naledi can now 'study' this for some few additional years or generations similarly the wages of farmworkers that THE ANC GOVERNMENT FIXED WITHOUT GOOD FORETHOUGHT OR CONSIDERATION and now is trying to blame the farmers and Western Cape for it's own ANC failures! ANC FAILED again

  • siliziwem - 2012-11-29 18:53

    the Dalai Lama sneaked in with Lady Gaga...

  • thulani.pityana - 2012-11-29 20:08

    Do right ANC Government.

  • nick.sailer - 2012-11-30 05:23

    I am no fan of the DL, I think he is a fraud, however I think it is beyond disgraceful the Zuma ANC regime could not see its way free to allow one old man to visit a dear old friend on the occasion of his birthday. Pathetic sicophants. There is no doubt that this was a case of political interferance of the worst kind, and no amount of explaination and apology by Naledi Pandor can mitigate the shame. One question occurs... was this department (and by implication the blame) not under the control at the time of the same person who is now the African Unions senior Diplomat? Not only should we worry as South Africans but as Africans as well. Will the DL be banned from all of Africa in future? Thinkaboutit.

  • tony.naidoo - 2012-11-30 06:14

    Sufferica is a Chinese tool - a.k.a. a ding-a-ling!

      nick.sailer - 2012-11-30 06:42

      Yes but they're only little you know...what the Scots call 'wee'.

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