The Western Cape High Court has granted the release of Mowlid Muhumed Maow, a 26-year-old Somali national, from detention, citing his pending asylum application as a pivotal aspect of the ruling.
The judgment, delivered electronically on 13 January 2025, follows Maow's urgent application after his arrest in Kleinmond in June 2024 during a police operation targeting undocumented migrants.
Maow entered South Africa via Zimbabwe on 14 June 2023, escaping tribal conflict in Somalia. After applying for asylum in November 2023 at the Gqerberha Refugee Reception Office—where he returned for fingerprint processing in May 2024—he was arrested under contentious circumstances where he asserts he had informed authorities of his asylum status. The Department of Home Affairs alleged Maow did not possess the necessary documentation to justify his presence in the country and that there was no record of his asylum application in their system.
The court's decision came after the presentation of evidence, including a completed asylum application form and fingerprint records, raising questions about the department's processes. The presiding judge, Acting Justice P Farlam, stated that the applicant successfully established a prima facie case for his right to remain in South Africa. Furthermore, it was highlighted that the interests of justice warranted Maow's release under reasonable conditions until his asylum claims are addressed.
In the judgment, Justice Farlam detailed discrepancies in the evidence provided by the department and concluded that Maow’s foundational rights were unfairly compromised when he was denied proper representation and interpretation during his initial court appearance. This lack of fair process prompted the urgent need for judicial intervention.
The ruling included stipulations that the department must furnish Maow with conditions for his release within 10 days, and should they fail to do so, he would remain in South Africa with specific reporting conditions stipulated. Both the Minister of Home Affairs and the Department's Director-General were ordered to pay Maow's legal costs
