Asylum-seekers marriage ban ruled unconstitutional
A Nigerian pastor who fled religious persecution will finally be able to officially marry his SA partner after the Eastern Cape High Court (Port Elizabeth) declared a Department of Home Affairs ban on asylum-seeker marriages unconstitutional. A Weekend Post report says Pastor Emmanuel Paulking Oche Ochogwu (35) tried unsuccessfully to marry last year.
Three years ago, Ochogwu married his wife under customary law. Home Affairs officials admitted to the court that they had issued a directive last year to stop asylum-seekers from getting married to SA citizens in an attempt to stop marriages of convenience.
Ochogwu, the Refugee Rights’ Centre and Legal Aid SA challenged the directive before Judge Ndumiso Jaji, claiming that it violated many international agreements and the human rights of both him and his ‘wife’. In papers before court, Ochogwu said the directive barred him from registering his customary marriage and also from concluding a civil marriage.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
