In Cape Town on 17 October, IFP President Prince Mangosuthu Buthelezi MP and COPE President Mr Mosiuoa Lekota MP 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.
THe IFP’s Dr Mario Oriani-Ambrosini said:
“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.
