Netherlands bans UK flights after finding new coronavirus strain

Netherlands bans UK flights after finding new coronavirus strain

News24 - 20 December 2020

UK fights new COVID strain, PM orders tighter curbs  [NFA] British Prime Minister Boris Johnson on Saturday imposed tighter coronavirus curbs on millions of people in England and largely reversed plans to ease restrictions over Christmas, as the country battles a new more infectious strain of the virus

The Netherlands has banned flights from the UK over a new strain of the coronavirus. The ban will remain in place until 1 January. The new strain is thought to be 70% more infectious.

The Netherlands has banned flights carrying passengers from the United Kingdom after Dutch authorities found the first case of the new, more infectious coronavirus strain that is circulating in England.

The Dutch government, in a statement early on Sunday, said the ban will remain in place until 1 January."An infectious mutation of the Covid-19 virus is circulating in the United Kingdom. It is said to spread more easily and faster and is more difficult to detect," the health ministry said in a statement.

The Dutch public health body, the RIVM, therefore "recommends any introduction of this virus strain from the UK be limited as much as possible by limiting and/or controlling passenger movements". The ministry said a case study in the Netherlands "at the beginning of December revealed a virus with the variant described" in the UK.

Experts were looking at how the infection happened and whether there were related cases, it added.

Dutch Prime Minister Mark Rutte's cabinet ordered the ban on flights from the UK as a "precautionary" measure, the ministry said, adding that the Dutch government is reviewing other modes of transport. "Over the next few days, together with other EU member states, the government will explore the scope for further limiting the risk of the new strain of the virus being brought over from the UK," it added.

The Netherlands is under a five-week lockdown until mid-January with schools and all non-essential shops closed to slow a surge in the virus.

The ban on UK flights comes after British Prime Minister Boris Johnson and scientists announced on Saturday that the new strain of coronavirus identified in the country is up to 70% more infectious. But Johnson said the new variant is not thought to be more deadly and vaccines should still be effective.The British prime minister also said London and southeast England, which are currently in the highest level of a three-tier system of rules, would now be placed in a new Tier 4 level.

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SCA declares marriage act and divorce act inconsistent with constitution

SCA declares marriage act and divorce act inconsistent with constitution

18 December 2020 -   @SABCNews

The country's second-highest court says the Acts fail to recognise marriages under Sharia Law

The Supreme Court of Appeal (SCA) in Bloemfontein has declared the Marriage Act 25 of 1961 and the Divorce Act 70 of 1979 to be inconsistent with sections of the constitution.

The country’s second-highest court says the Acts fail to recognise marriages under Sharia Law. The ruling must be confirmed by the Constitutional Court since it affects constitutional validity.

In 2018, the Western Cape High Court declared the failure by the government to pass Muslim marriage laws as unconstitutional.

The Women Legal Centre Trust brought the matter before the court to seek legal protection for women in Muslim marriages and their children.

The government challenged the high court judgment before the SCA,  arguing that it was legally flawed.

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Death of Detained Ukrainian Causes Uproar in Portugal

Death of Detained Ukrainian Causes Uproar in Portugal

New York Times - 16 Dec. 2020

The man’s death after what prosecutors called “inhumane treatment” has raised questions about the country’s detention policies and prompted calls for the interior minister to step down.

Arriving in the Lisbon airport without a work visa in March, Ihor Homeniuk, a Ukrainian citizen, was sent to a nearby detention center after refusing to board a flight out of Portugal.

Days later, he died of asphyxiation in the center after border inspectors handcuffed and beat him, according to Portuguese public prosecutors, who said he was the victim of “inhumane treatment.”

Mr. Homeniuk’s death has reverberated across Portugal, calling into question the country’s immigration and detention policies and prompting calls for the interior minister to resign.

Three immigration and border inspectors have been indicted on homicide charges in the case. And last Wednesday, the head of Portugal’s Immigration and Border Service resigned as part of a restructuring ordered by the interior ministry after Mr. Homeniuk’s death.

Opposition lawmakers have called on the minister of internal affairs, Eduardo Cabrita, to step down, saying that it took too long for the death to be investigated and that support for the family came too late.

“The pressure is enormous to change things for the better,” said Miguel Duarte, a spokesman for Humans Before Borders, an advocacy group for migrants and asylum seekers.

Adding that “detention centers in Portugal were not a topic in the media until very recently,” Mr. Duarte said that a public outcry over Mr. Homeniuk’s death could be a watershed moment in addressing how migrants are treated in the country.

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Mr. Cabrita has denounced what he said was negligence and a cover-up by border officials, leading to the resignations of several officials in the immigration department. Ukraine’s foreign minister said last week that the Portuguese government had offered compensation to Mr. Homeniuk’s family, with the amount to be determined by an ombudsman.

Mr. Cabrita has resisted calls to resign, saying that his fate would be up to the prime minister, who has supported him.

Mr. Homeniuk’s death in March did not garner widespread attention in the mainstream news media, which was largely focused on the coronavirus pandemic at the time. But a series of articles on the episode in subsequent months led to the border officials’ resignation and a pledge from Mr. Cabrita that operations at the Lisbon airport detention center would be improved.

Portugal’s Immigration and Border Service did not respond to a request for comment on Wednesday. But Cristina Gates, who resigned as head of the service last week, said in an interview in November with RTP, a public service broadcaster, that she had little doubt that Mr. Homeniuk’s treatment was “a case of torture.”

The case also reflects larger issues about how foreign migrants are treated in Portugal, rights advocates say. Most asylum seekers arrive on tourist visas before eventually applying for refugee status, and some have reported mistreatment, said Pedro Neto, the executive director of Amnesty International in Portugal. Asylum centers are overwhelmed in the country, and more resources are needed to support them, Mr. Neto said, suggesting solutions like body cameras for officers and better training and working conditions.

In a description of the charges in September, prosecutors said that Mr. Homeniuk had arrived on a flight from Turkey and had been interviewed in part by one inspector who did not speak Ukrainian and another who was not a qualified interpreter.

Mr. Homeniuk’s family said through a lawyer that he had traveled to Portugal to look for a job and therefore did not need a visa. He had worked in traffic management and in construction, the lawyer said.

After refusing to board the flight home, Mr. Homeniuk showed signs of agitation at the detention center, prosecutors said.

The next day, prosecutors say, three inspectors took Mr. Homeniuk into a room, handcuffed him and used an extendable baton to kick and punch him. One inspector reportedly sent away those who came by the room, saying, “This is for no one to see.” Mr. Homeniuk was left handcuffed for about eight hours before being found nonresponsive, prosecutors say.

Initially, medics noted his death as a “respiratory arrest after a convulsive crisis.” But prosecutors said an autopsy found that he had suffered several fractures and had been left in a position that constricted his chest and left him to suffocate.

Mr. Homeniuk’s widow, Oksana Homeniuk, told the cable news channel SIC Notícias last week that she had received no support from the Portuguese government. “I never thought something like this could happen in a European country — in Europe, where human rights are above everything,” she said.

The family’s lawyer, José Gaspar Schwalbach, said the family was seeking 1 million euros, or $1.2 million, for moral and economic damages, adding that Mr. Homeniuk was the family’s breadwinner.

“No one will give her husband back again,” Mr. Schwalbach said in an interview of Ms. Homeniuk, who has been left to raise the couple’s children, a 14-year-old girl and a 9-year-old boy.

“No one will see this little girl to go to high school, to go to university, to get married,” Mr. Schwalbach said, adding that Ms. Homeniuk had received a letter of condolence from the internal affairs ministry on Saturday.

And while a financial settlement would give Ms. Homeniuk comfort, he said, “she wants justice — she wants to see them convicted.”

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Zimbabwean citizen Gibson Tawodzera kicked out of SA may return, court rules

Pretoria News -  Dec 18, 2020

 

Pretoria - A Zimbabwean citizen who had been kicked out of South Africa and deported back to Zimbabwe has received an early Christmas gift.

The Gauteng High Court, Pretoria has ordered Home Affairs to allow Gibson Tawodzera back into the country

At the time, Home Affairs had, out of the blue, 13 years after his South African wife had died, insisted that the marriage was all along a sham.

The Gauteng High Court, Pretoria has now ordered the department to allow Gibson Tawodzera back into the country and reissue him with his permanent residency permit.

He approached the court after Home Affairs told him that his marriage was non existent and he could not remain in the country.

Tawodzera entered South Africa in 2000 and two years later he married Bongiwe Sombudla, a South African citizen. The director-general of the department issued Tawodzera with a permanent residence permit in 2004.

In terms of the emigration law, as it then read, Home Affairs could issue a permanent residence permit to any person who is the spouse of a South African, provided that the department was satisfied that “a good faith spousal relationship exists”.

The 2005, the Immigration Act was amended, which made it more difficult to obtain permanent residence in South Africa. It required a foreign spouse to have been married to a South African citizen for at least five years.

Sombudla died in 2006, but her husband nonetheless retained his permanent residency status. This was because his marriage had been terminated by her death and not because they had separated.

Almost 13 years later, in March 2019, Home Affairs sent a letter to Tawodzera recording that he acquired permanent residence by marriage, but alleging that “it appears that the marriage was fraudulent”.

The letter went on to allege that Tawodzera’s permit “was therefore issued on a misrepresentation” and that he was now a foreign national who was in the country illegally.

This was the start of Tawodzera’s long and fruitless struggle with the department in a bid to try and convince them that he and his wife loved each other and that her death was the only reason why they were apart.

The court had criticised the conduct of the department on various levels, including that it never once mentioned why it deemed the marriage to have been a sham.

The department said that Tawodzera’s permanent residence permit was invalid because it was obtained in breach of the Immigration Act.

It was argued that acquisition of permanent residency by marriage was only possible if the applicant had been the spouse of a citizen or permanent resident for five years.

The department argued that Tawodzera was married to Sombundla for less than four years before her death. He could accordingly not have lawfully acquired permanent residence, they said.

But Judge SDJ Wilson said Tawodzera’s permanent residence permit was granted under a more generous regime than now applies.

The highwater mark of the respondents’ case seems to be that Tawodzera’s permanent residence permit was invalid because his marriage to Sombundla was a sham. But the department had produced anything to substantiate this – not to Tawodzera or the court, the judge said.

Tawodzera was arrested last year for being in the country illegally and before he was deported. The prosecutor at the time told the court that no one from Sombudla’s family knew of his marriage. But the judge now remarked that there is no evidence substantiating it.

The judge said under these circumstances, Tawodzera must be allowed to return to South Africa, where he had been staying for 20 years and had made a living for himself.

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