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Home affairs loses millions in courts

WASTEFUL: Home Affairs Minister Melusi Gigaba is said to be heading a department wasting money on court cases Photo: Thulani Mbele
WASTEFUL: Home Affairs Minister Melusi Gigaba is said to be heading a department wasting money on court cases Photo: Thulani Mbele

THE Department of Home Affairs is wasting millions of taxpayers' money every year on court cases for matters that could be resolved easily by competent staff.

Last year alone, said Nicola Lochner of Ashman Attorneys - who are in partnership with Immigration South Africa, the department spent more than R100-million on court battles.

She said there had been an increase in the number of cases against the department, which it lost.

According to information on Immigration South Africa website, the department spent R46.3-million on legal costs in the 2011/2012 financial year.

The amount had more than doubled when compared to R21.3-million spent in the previous financial year.

"There are over 2000 cases against the department at the moment. These are cases lodged by institutions, companies or even individuals who are not getting any joy from the department," said Lochner.

She said most of the cases were taken to court because applicants felt the department was not being fair.

"There aren't enough staff members at the head office. Applications are done through a private company but get lost when they reach the Department of Home Affairs.

"There is a huge backlog and the department is constantly offline. In most instances, applicants have to go through the process again and pay more money," said Lochner.

Last week, a businessman won a court battle to have the Department of Home Affairs renew his business permit.

Richard Ndisya, a principal at Rand Training College in Johannesburg, took Minister of Home Affairs Malusi Gigaba and the department's director-general Mkuseli Apleni to court in December last year after officials rejected his application to renew his permit to live and work in this country.

The South Gauteng High Court ordered that the department should review the application and revert to Ndisya within 14 days.

"This did not happen. I had to go back to court in January because they were now in contempt of court. They were given a few more days to get back to me but they did not," Ndisya said.

He said the matter had cost him a lot of money and time. Ndisya referred Sowetan to his attorney who could not be reached yesterday.

Home Affairs spokesman Mayihlome Tshwete had not responded to requests for comment at the time of going to print.

mashabas@sowetan.co.za

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