DRC doctor living in SA for 16 years sues over loss of refugee status

A Congolese doctor who sought refuge in South Africa after fleeing the Democratic Republic of the Congo (DRC) has launched legal action against the government over the withdrawal of his refugee status. 

Dr Mubangu Moise Basemenane, who has lived in South Africa for 16 years, is seeking urgent relief in the Pretoria high court, arguing the decision endangers his livelihood and family stability.

Basemenane fled the DRC in 2008, claiming he was targeted by government forces for providing medical aid to a wounded rebel soldier.

His refugee status, granted in 2009, expired on Wednesday last week, leaving him in legal limbo. 

In court papers filed last week, Basemenane accused the home affairs department's committee for refugee affairs (SCRA) of unlawfully withdrawing his refugee protection, arguing the decision threatens not only his right to remain in South Africa but also his employment, access to banking and his children’s stability.

He is asking the court to review and set aside the withdrawal decision. 

In his founding affidavit, Basemenane claimed that while working as a medical doctor in the DRC, he was forced to flee after he and a colleague were arrested and detained by the government. 

“My only crime was providing medical care to a wounded rebel fighter during the height of conflict between the government and rebel groups,” he said

He entered South Africa on January 22 2008, applied for asylum within weeks and was granted refugee status in May 2009. 

For more than a decade, Basemenane successfully renewed his refugee permit without issue and even applied for permanent refugee certification in 2022. However, in 2024, the SCRA informed him his refugee status would be withdrawn, citing several reasons for the decision. These included inconsistencies in his personal details, notably his place of birth, as well as significant political changes in the DRC and his failure to provide new grounds for continued protection.

The SCRA’s letter, seen by the Sowetan, highlighted contradictions in Basemenane’s records.

While his initial application listed Kasendwe as his birthplace and Mbuji-Mayi as his habitual residence, later renewals stated Kinshasa.

During a 2023 interview, he further stated he was born in Kampene, adding to the confusion. The committee argued that despite his claims of persecution, his long-term residence in Mbuji-Mayi, a city now regarded as relatively safe, undermined his need for continued asylum. 

The SCRA also pointed to the regime change in the DRC, noting that the 2018 election of President Felix Tshisekedi had ushered in more stable political conditions.

“You can no longer continue to refuse to avail yourself of the protection of the country of your nationality because the circumstances with which you have been recognised as a refugee have ceased to exist and no other circumstances have arisen which justify your continued recognition as a refugee,” read the letter. 

Basemenane, however, disputes this assessment.

He maintained he still faces risks if forced to return and his long stay in South Africa has firmly rooted his family’s life here.

“The withdrawal places me at imminent risk of losing my employment, my bank accounts will be frozen and my children will suffer undue hardship,” he said. 

The department has not yet filed opposing papers but is expected to defend the SCRA’s decision when the matter comes before court.

The hearing is scheduled for May 13 in the Pretoria high court.

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