The Gauteng High Court in Pretoria has granted urgent entry to Felizardo Jose Zandamela, a 36-year-old Mozambican truck driver, who previously faced an immigration ban preventing him from seeking critical medical treatment in South Africa.
Zandamela's case originates from an immigration ban imposed by the Department of Home Affairs, which accused him of overstaying his welcome in the country. However, Zandamela presented compelling evidence that he had been in medical detention in Mpumalanga hospitals from December 23, 2023, until March 28, 2024.
The events began when Zandamela entered South Africa on December 20, 2023, at the Lebombo port of entry to transport a load of chrome from the Sekhukhune district in Limpopo. Initially granted 30 days to complete his trip, Zandamela found himself unexpectedly hospitalised, with his eligibility to remain in South Africa set to expire on January 19, 2024.
After months of legal struggles, Acting Judge R Moultrie ruled in favour of Zandamela on 18 March 2025, granting him urgent access for medical treatment amidst ongoing disputes regarding his immigration status.
While challenging the overstay ban issued under Section 30(1) of the Immigration Act (Act 13 of 2002), Zandamela's legal team, led by Gwanangura Inc Attorneys and Advocate T Munotsiwa, emphasised the dire consequences of the ban that significantly obstructed his access to the vital health services he urgently needed.
The court considered the matter critical, especially regarding Zandamela's requirement for specialised cardiovascular treatment available exclusively at selected medical facilities within South Africa. The judge cited the importance of addressing Zandamela's pressing medical needs in his ruling, remarking on the necessity of swift action to safeguard the health of individuals in similar circumstances.
"While the integrity of our immigration system must be maintained, it cannot come at the expense of humanitarian considerations in exceptional cases," Judge Moultrie stated. As Zandamela prepares to receive the necessary treatment, his legal team is poised to continue their fight against the overstay ban.
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