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It would be difficult to ban a controversial pastor, who called gay people “paedophiles”, from South Africa because he had not been convicted of a crime, the home affairs department said today.
Petitions were sent to the South African Human Rights Commission to intervene on a planned visit by Steven Anderson, a US-based pastor who has made discriminatory statements against Jewish, Muslim and lesbian, gay, bisexual, transgender and intersex (LGBTI) communities.
Advocate Lourence Mushwana, the chairperson of the commission sent a letter to Minister Malusi Gigaba on Monday requesting an update on the department’s decision regarding Anderson’s entry.
“They have not yet responded as far as I know,” Kathleen Hardy, a senior legal officer at the commission told City Press this afternoon.
Anderson’s most recent remarks, which petitioners say amount to hate speech, were against the LGBTI community after a shooting in Orlando, Florida, at the nightclub Pulse, in which 49 people were killed and 53 injured.
“The good news is that there’s 50 fewer paedophiles in this world because you know, these homosexuals are a bunch of disgusting perverts and paedophiles,”
Anderson said in a YouTube video that has since been taken down.
Mayihlome Tshwete, home affairs spokesperson, said Mushwana must be confused about who heeded the call for a meeting to be held regarding visit.
“The letter is misinformed about how the conversation was brought up. We sympathise with the petitioners and it was us who called them [the human rights commission] to the table,” said Tshwete.
The department responded to the petition by saying that the minister empathised with the LGBTI community, but American citizens did not require a visa to enter South Africa.
Although the department felt that the comments made by Pastor Anderson were uncalled for, the law did not allow the department to turn anyone away from entering the country based on what they have said outside South Africa.
Tshwete said the challenge faced by home affairs was that Anderson had not been convicted of a crime which made it difficult to keep him out of the country.
“We are being cautious about that. We’re worried about being taken to court, because the department is always in court,” he said.
Tshwete said it was important to base the decision on law because the department could not just do as it pleased.
Mushwana believed that it would be possible to bar Anderson from entry through application of sections 29 and 30 of the Immigration Act, which empower the department to put foreigners on a “prohibited persons list”.
A meeting was supposed to be held with home affairs earlier this month but was postponed.
Tshwete said this was due to the upcoming local government elections and said a new meeting was likely to be scheduled for next week.
Anderson was planning a visit to Kempton Park in September on a soul-winning mission.
“Look, he’s only planning to be here in September so there is still time,” said Tshwete.
