Zimbabwean man loses court bid to overturn Home Affairs ban over fake permanent resident permit

The Western Cape High Court dismissed a Zimbabwean man's application to extend the 180-day period for reviewing a Home Affairs decision that declared him a prohibited person. Fidel Isheanesu Mugunzva, 40, entered South Africa on a visitor's visa in 2011. While seeking employment, he was referred to an immigration agent named Wendy. In 2012, Wendy informed him his name was on a Home Affairs list, suggesting his mother might have applied for him under an amnesty program. Mugunzva paid Wendy R12,000 and received a permanent resident permit, which he used for eight years, traveling, opening bank accounts, and gaining employment. In 2018, after losing his permit letter, he applied for proof of permanent residence. On February 26, 2020, Home Affairs informed him the permit number did not exist, the permit was fraudulent, and he was designated a prohibited person. Mugunzva returned to Zimbabwe in August 2022, claiming he received the Minister's decision only on November 23, 2023. He argued he was too poor to pursue legal action earlier and never had an opportunity to make representations before being declared a prohibited person. The court found Home Affairs failed to give him an opportunity to make representations and did not properly investigate whether he knowingly participated in fraud or was a victim. However, the court ruled that Mugunzva's excessive delay in bringing the review application outweighed his prospects of success.