The High Court in Johannesburg said the deportation of undocumented foreign nationals who lived in the Usindiso building would threaten and undermine the purpose of the commission of inquiry into the Marshalltown fire.
The inquiry was established to probe the possible causes of the blaze that tore through the five-storey building in August, killing more than 70 people and displacing hundreds.
On Thursday morning, the court prohibited the Home Affairs Department from deporting 32 illegal migrants, who’ve been detained at the Lindela Repatriation Centre pending Thursday’s judgement.
The high court said while it understands that the 32 foreign nationals are in the country illegally, they’re essential role players and potential witnesses in the inquiry into the fire.
In a 27-page electronic judgement, the court highlighted that the department’s attorneys failed to prove that the foreign nationals were a flight risk.
The commission has been given six months to make recommendations to the provincial government on who should be held accountable for the blaze that killed 77 people.
The court said the commission would struggle to make suitable recommendations if the migrants were returned to their countries prematurely.
-EWN
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