An immigration official who claimed to be checking if a Ghanaian man had entered into a marriage of convenience with a South African woman pried into intimate details of their relationship and forced the woman to undergo a pregnancy test.
In an urgent application in the Grahamstown High Court on Friday, the couple successfully interdicted Home Affairs officials from snooping into their relationship in a bid to find a reason for deporting the man.
Acting Judge Wabo Msizi ordered Home Affairs to release the man, who had been detained.
The official asked the South African woman if she and her partner had had sex the night before.
When the woman said she was pregnant, the official forced her to undergo a pregnancy test, it was stated in court papers.
The couple have been in a life partnership, as recognised by the Immigration Act, since December 1 2008. They are partners in a business.
The man was granted permanent residence in March.
The King William's Town woman, not named because of the intimate questioning by immigration officials that she allegedly endured, said in her affidavit that she and her partner were summoned to a Home Affairs office and interrogated separately.
She said that when she answered "yes" to the question about her pregnancy, an official, Notumata Dlabantu, took her to a nearby clinic and ordered a nurse to subject her to a pregnancy test.
The court interdicted Home Affairs officials from intimidating or harassing the woman, and prohibited them from asking her personal questions about her relationship with her partner that would infringe on her right to privacy and dignity.
The department's officials may not order further tests relating to her reproductive health.
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