‘We need to urgently tighten our immigration laws’: Clayson Monyela on Afghan asylum seekers debacle

The department of international relations and co-operation’s head of public diplomacy Clayson Monyela says the country needs to urgently review and tighten its immigration laws after the Pretoria high court ruled 22 Afghan asylum seekers could apply for asylum transit visas.

The 22 people reported to the Beitbridge port of entry last month and requested asylum transit visas.

When asked if there was any security background on the Afghanistan nationals, Monyela said no. 

“They're not vetted (background and agenda unknown). They arrived at Beitbridge  accompanied by American citizens. Lawyers had already written to home affairs (reportedly briefed by an American-based NGO). We need to urgently review and tighten our immigration laws,” he said.

He said home affairs was considering whether to appeal the court's decision. 

“The 22 Afghans are on tourist visas in Zambia. They also spent 30 days in Zimbabwe as 'tourists'. Prior to that they were in Qatar and Pakistan. They travelled all the way to South Africa for 'asylum',” said Monyela. 

Initially the Pretoria high court said the Afghan nationals should be granted asylum and gave an interim order in terms of which the department was given 24 hours to respond.

“The department did exactly that, and the court refused to confirm the interim order to allow the department to file its answering papers,” the department said.

“The matter was heard by the court on February 20. Judgment was reserved.”

On Tuesday, the court issued a judgment confirming the interim order as final.

“The department will abide by the ruling of the court and will take all necessary steps to give effect to the ruling. It will deal with the asylum applications during the asylum process.

“The decision to abide shows the department respects the rule of law. However, this should not be interpreted as opening floodgates for spurious claims. The department will not hesitate to fight the cases in court.”

Home affairs minister Aaron Motsoaledi last week accused the NGO of using the legal system to undermine South Africa’s sovereignty.

He said government will challenge the court order.

“ There’s a belief you can go to SA and do whatever you want at any time you want, and the constitution and legal system of the country will allow you to do so,” he told eNCA.