Prison threat for minister in contempt

HOME Affairs Minister Malusi Gigaba faces prison time after being found in contempt in a court case involving a stateless man.

The Pretoria High Court ruled yesterday that Gigaba was in contempt of an August court order directing him to decide within 30 days whether or not Frederik Ngubane, who is not recognised as a citizen of any country, can live in South Africa as a permanent resident.

Gigaba has been given a five-day grace period to reach his decision.

"Should the respondent fail to comply ... the applicant is allowed to approach this court for an order for the respondent's committal to prison ... alternatively for an order that the respondent pay ... a fine," yesterday's order reads.

The ruling comes after Lawyers for Human Rights, acting for Ngubane, 23, headed to court after the Home Affairs Department failed for almost two years to decide on his application.

The original order was against Gigaba's predecessor, Naledi Pandor.

"This case has been going on for several years and, from 2012, the department didn't do anything to help me," Ngubane said yesterday.

Ngubane was born in South Africa in 1990 to a Zulu father and a Xhosa mother, but is not recognised as a South African citizen as he spent much of his young life in Kenya and Uganda.

After his parents died, Ngubane decided at the age of 18 to trace his South African roots.

But he lost his birth certificate shortly after entering the country and has no proof of his birth or identity, leading to his frequent arrests.

He also spent a few months awaiting deportation at the Lindela Repatriation Centre in Krugersdorp, but was released as no country acknowledged him as a citizen, including Kenya and Uganda.

"I am often arrested for not having papers. I have a note from the department explaining my situation, but the cops don't understand," Ngubane said.

Lawyers for Human Rights attorney Liesl Muller said if Gigaba failed to act within five days, the organisation would ask the court to order him to spend time behind bars rather than issue him with a fine. - Dominic Skelton