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Western Cape High Court ends families’ separation ordeal

Western Cape High Court ends families’ separation ordeal

Western Cape High Court Ends Families’ Separation Ordeal

By Estelle Vosloo

Two families who had appealed against the South African Department of Home Affairs’ ruling to deny their spouses access to the country for the next five years had finally been overruled and suspended by the Western Cape High Court.
Two Cape Town families had appealed to the court two weeks ago to over-rule new visa legislation which determined Bret Johnson’s wife and Cherene Delorie’s husband had been ladled as ‘undesirables’ in South Africa for violating the conditions of their visas.

Both Danish-born Louise Johnson and Zimbabwean David Henderson have established their lives in South Africa and both have young children born in the republic who have suffered separation from a parent due to the law and both families are challenging the constitutionality of the newly employed laws.
Challenging the visa-legislation as being unconstitutional Cherene Delorie, Henderson’s wife, has said in previous reports that the situation has now almost bankrupted the family and is putting a lot of strain on the family both financially and emotionally.

In response to the appeals by both families the South African Department of Home Affairs commented that on both accounts the affected parties have failed to follow due process when renewing their visas earlier in 2014.
According to SAPA reports; “The national broadcaster reported that Judge James Yekiso ruled that the status of undesirability over Johnson’s wife and son who are in Denmark, and Delorie’s husband who is in Zimbabwe, be suspended and they be allowed to return to South Africa.”

In a statement, home affairs said it was still studying the judgment and would provide comment in due course.

The law, which was passed at the end of May this year, states that any foreign born citizens of the country would be barred from re-entering the country for up to five years should they leave South African soil and try to re-enter the country on an expired visa. Previously a R1500 fine would be issued to such persons.

 

 

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