In what has been described as an extraordinary ruling, a Pretoria High Court Judge has ordered that two government officials and the head of the controversial Lindela holding facility for illegal immigrants personally pay the cost of return air tickets for three Chinese nationals, who were deported illegally from South Africa to China on December 2.

Polity has learned that Justice Essop Patel ruled on December 5 that the deportations of Fang Yan, Miexiang Gao and Wenyu Gao were “in breach and disobedience” of an earlier interim interdict preventing such deportations and declared the deportations unlawful.

The judge ordered that special investigations unit assistant director Manicum Moodley, Home Affairs chief immigration officer Sam Langa and Lindela's R Marhule be jointly liable to pay all the costs of air travel to return the three individuals back from China to South Africa for a court appearance to be held at 10:00 on March 15, 2007.

Home Affairs Minister Nosiviwe Mapisa-Nqakula was also ordered to contact, through the South African Embassy in China, Yan, and the two Gaos within two weeks of the ruling so as to have visas issued to facilitate their return to South Africa. Should the Minister be unable to deliver the applicants to the court, she will need to provide an affidavit explaining why the order could not be fulfilled.

In addition, Mapisa-Nqakula would need to investigate and submit a written report to the Register of the High Court detailing the circumstances that lead to the illegal deportations. This report would have to be submitted by no later than March 12.

In the same December 5 ruling, Justice Patel also ordered that a fourth Chinese national, Xianyun Yan, be released immediately from Lindela or any place where she was being detained. He also ordered that Mapisa-Nqakula issue Yan with a temporary-residence permit, within seven days of the order, which would facilitate her taking up employment in the country.

A leading immigration attorney described the ruling as “extraordinary and salutary”.

He told Polity that it indicated the court's displeasure at the fact that some Home Affairs officials were acting with impunity. He said the order also appeared to capture the feeling that the South African taxpayers should not be expected to foot the bill when officials abused their offices.

“This order may have some Home Affairs officials thinking twice before they again dare to contravene a direct order of the court,” the attorney said.

Several attempts were made to contact Home Affairs for a response, but none was forthcoming at the time of publication. Questions were also directed to the Minister's office and to the department via email.