The Gauteng High Court in Pretoria has ruled in favour of Ntahopagaze Abdul, a refugee from Burundi, ordering the Minister of Home Affairs to pay him R300,000.
Abdul was unlawfully arrested at a Department of Home Affairs (DHA) office in Marabastad, Pretoria while applying for the re-issuance of his stolen refugee documents12.
Abdul visited the DHA office on June 7, 2017, seeking to replace his stolen refugee papers. However, he was arrested by DHA members and handed over to the South African Police Service (SAPS) at the Pretoria Central Police Station.
He endured 13 days of detention, during which he filed a lawsuit against the DHA and the Minister of Home Affairs, alleging unlawful arrest, detention, and defamation.
The court found that Abdul had provided sufficient evidence of his refugee status and that the DHA failed to prove he was an illegal immigrant.
Additionally, the DHA had defamed Abdul by publishing a notice in the Government Gazette stating he was an illegal immigrant. As a result, the court awarded Abdul R300,000 in damages for the harm caused by his wrongful arrest and detention. The court also ordered the DHA to expunge the notice from the Government Gazette.
This judgment serves as a reminder of the importance of due process and the rights of refugees in South Africa. It underscores the responsibility of government officials to act lawfully and without discrimination.
