The Scalabrini Centre of Cape Town is back in court challenging the Department of Home Affairs’ non-compliance with the court order ordering the re-opening of a fully functional Refugee Reception Office in Cape Town.
The ‘Special Master’ case is set down for hearing in the Western Cape High Court on 12 and 13 May 2021.
The Scalabrini Centre of Cape Town and the Somali Association of South Africa, represented by the Legal Resources Centre, are going back to court to ask for a ‘Special Master’ to oversee the Department of Home Affair’s compliance in the matter Scalabrini Centre of Cape Town v Minister of Home Affairs (Case 1107/2016) – previous litigation which successfully sought the re-opening of a fully functional Refugee Reception Office (RRO) in Cape Town.
In 2017, the Supreme Court of Appeal (SCA) found the closure of the Cape Town RRO to be unlawful. The SCA ordered that the DHA reopen and maintain a fully functional refugee reception office in or around the Cape Town Metropolitan Municipality by Friday 31 March 2018. The Director-General was also ordered to submit monthly progress reports to the applicants showing progress toward the reopening of the Cape Town RRO.
DHA attempted to appeal this matter to the Constitutional Court, but in December 2017 the Constitutional Court dismissed the DHA’s application and directed it to comply with the SCA Order. To date, no fully functional RRO has been reopened in Cape Town, nor have regular monthly progress reports been submitted.
DHA’s non-compliance has led the Scalabrini Centre of Cape Town, as applicants in the matter, to re-approach the Courts. We are seeking the appointment of a Special Master to oversee compliance to reopen the RRO.
For a fuller explanation on the previous Scalabrini Centre of Cape Town v Minister of Home Affairs case, and why a fully functioning RRO in Cape Town is needed, visit our explainer page.
For more information, contact:
Head of Advocacy & Legal Advisor, the Scalabrini Centre of Cape Town
Regional Director: Western Cape, Legal Resources Centre