South Africa wants Canada 'refugee' ruling overturned

OTTAWA — South Africa's top diplomat in Canada said Sept. 2, 2009 he's "shocked out of his wits" a white South African claiming persecution because of his skin colour has won refugee status in this country.

He says the ruling, if left to stand, could seriously damage relations between the two countries.

Abraham Sokhaya Nkomo, South Africa's high commissioner to Canada, dismissed as "outrageous" Brandon Huntley's contention his life would be in danger because of his skin colour if he returned South Africa.

In an interview Wednesday, Nkomo vowed to leave no stone unturned in the effort to get the Harper government to appeal the ruling — made last week by a one-man refugee board — to the Federal Court of Canada.

William Davis, who made the ruling, accepted Huntley's refugee claim on grounds he would "stand out like a sore thumb" because of his colour in any part of a country where, according to Davis, there is an "inability or unwillingness by the government and security forces to protect white South Africans from persecution by African South Africans."

Citing reports and news stories about violence and racial tensions in South Africa, some of which were entered in evidence by Huntley's lawyer, Davis concluded Huntley's fear of persecution by black South Africans is "justified."

Huntley, a former carnival worker who lives in Ottawa, told immigration officials he was attacked personally six or seven times by black South Africans and that those beatings left him with scars on his stomach, right eye, right side of the body and hands.

South Africa's governing African National Congress denounced the ruling in a statement, saying the reasoning for granting Huntley refugee status "can only serve to perpetuate racism."

Nkomo said he had already met with officials from the Department of Foreign Affairs and International Trade and is seeking a meeting with Immigration Minister Jason Kenney in a bid to get the ruling appealed.

"We will pursue all avenues," Nkomo said.

Nkomo said the only explanation the South African government has been offered so far is the standard government line that the Immigration and Refugee Board is an independent tribunal that works at arm's length from the government. Kenney's normal practice is to refuse to comment on individual IRB decisions.

Nkomo said such an arm's length attitude is not good enough in cases where rulings have the power to affect relations between governments, as is the case with the Huntley decision.

He said the South African government is not going to react rashly, but he described the ruling as a "stain" on the bilateral relationship that must be removed.

He said the IRB did not do its homework, and the upshot is a ruling that perpetuates the false stereotype that black people attack white people.

"Crime does exist," Nkomo said, "but there is no black on white crime, or black on black crime. It's just crime."

Nkomo said many in South Africa feel betrayed by Canada, a country they thought of as a "bosom" friend with strong bonds that date back to the anti-apartheid struggle.

"If it was some other country, maybe they could take it in their stride," Nkomo said. "Certainly they are shocked beyond belief and outraged even that this has happened especially in Canada."

Davis's ruling was not made public but lengthy excerpts were circulated to reporters by his Ottawa lawyer Russell Kaplan.

Craig Stewart, a spokesman for Kaplan, said it is extremely rare for the federal government to appeal a ruling by the IRB and Huntley's team is hopeful Davis's ruling will stand.

IRB spokesman Charles Hawkins said the board has no comment on the furor caused by the ruling. Board hearings are conducted in private and the rulings are not made public by the board.