The content on this page is not written by Polity.org.za, but is supplied by third parties. This content does not constitute news reporting by Polity.org.za.

Today, IFP President Prince Mangosuthu Buthelezi MP and COPE President Mr
Mosiuoa Lekota MP have launched an application in the Cape High Court to
challenge the legality and constitutionality of Government's conduct which
led to the effective denial of an entry visa to His Holiness the Dalai Lama,
who intended to participate in Archbishop Tutu's birthday celebrations.

This wrongful conduct on the side of Government has been universally
condemned. However, both President Lekota and Prince Buthelezi felt that
condemnation is not enough. There must be redress. Injustice of this type
cannot be allowed to stand and must be reversed through the courts. Both
Prince Buthelezi and President Lekota have a track record of being firm
defenders of the rule of law and believe that the Constitution should be
supreme, not merely in words, but in fact. By launching this application,
President Lekota and Prince Buthelezi are reaffirming their belief in the
rule of law.

The process of launching this application has brought to light a set of
facts which are indeed shocking. The Dalai Lama approached the Government as
early as April for a visa, but was told that his application was too early
and he should come back at a later time. He did so at exactly the time he
was told to apply. His Representative had several meetings with the High
Commissioner in which it was made clear that the decision was political and
in the hands of the Minister for International Relations and Cooperation,
who has no statutory authority in the matter.

In the end, Government refused to make a decision in fear of having the
courage of its own convictions. If the Government wanted to deny a visa and
declare the Dalai Lama undesirable, it has the statutory authority to do so.
However, under the rule of law and in a democratic and civilized country,
the Government does not have the liberty of circumventing the law by just
not deciding.

In his court papers, Prince Mangosuthu Buthelezi recalls how this is the
second time around that the Government operates in exactly the same fashion
with respect to the Dalai Lama. In April 2009, the Government even refused
to receive the Dalai Lama's application and, when challenged in court,
defended itself by stating that the Dalai Lama had not applied for a visa.
On that occasion, too, Prince Mangosuthu Buthelezi brought an application
against such conduct in the Cape High Court, which was found to be not
urgent, but which is still pending and will offer a relevant background for
this application.

Prince Mangosuthu Buthelezi has invited His Holiness the Dalai Lama to
attend a prayer breakfast to be held in Durban on March 21, 2012. His
Holiness, through his Representative, has gone on record indicating that he
is inclined to accept such invitation if the Court declares that the South
African Government is not to treat him again in such a manner and should
process his visa application to come to South Africa justly and fairly.

The case is set for a hearing on November 22, 2011.