asylum seeker94—and had told him to report to a Refugee Reception Office. Worried
about his family’s safety, he had decided to return home, however. When Human Rights
Watch asked whether the police officer could advise the detainee, the police officer told
the detainee: “Tell the police to drop you at Beitbridge on the South Africa side.” The
police officer said to us, “We set up an office in Beitbridge especially for issuing refugee
permits. They are only valid for 14 days. Home Affairs came and interviewed all of
them. Why didn’t he [the asylum seeker] tell them?” Asked if the police would drop the
detainee off at Beitbridge on the South African side, the communications officer
responded: “They should. Will they? That’s another thing. I’m working tomorrow and
will tell the police to drop him at Beitbridge, SA.”95
Assault, bribery, and theft by police during arrest of suspected illegal
migrants
The Immigration Act, as amended, states that any entry upon or search of any premises
by an immigration official who has a search warrant must be conducted “with strict
regard to decency and order, including – (a) a person’s right to, respect for, and the
protection of, his or her dignity; (b) the right of a person to freedom and security; and
(c) the right of a person to his or her personal privacy.”96 The immigration legislation
also makes it an offense for any civil servant to accept bribes,97 and requires an
immigration official who takes documents “or any other thing” from a suspected “illegal
foreigner” to issue a receipt.98 Human Rights Watch found violations of all these
legislative provisions.
At Makhado police station, a Zimbabwean man reported having been beaten by police
when he was arrested: “I stay in Chikota [a township in Makhado]. Early this morning
[Saturday], police stopped us. We were going to the market. We buy and sell biscuits.
They beat us. There were two police. We were two. They beat us in the bush. They hit
us with baton sticks.”99
94
Immigration Act, as amended by Immigration Amendment Act, section 23(1). Section 23(2) stipulates that if
the asylum transit permit expires before the holder reports in person to a Refugee Reception Office in order to
apply for asylum in terms of section 21 of the Refugees Act, 1998 (Act No. 130 of 1998), the holder of the
permit will become an “illegal foreigner” and be dealt with in accordance with the Immigration Act. For a
discussion of how section 23 violates international law, see Polzer, “Crossing Borders: Asylum Seekers at the
Zimbabwean & Mozambican Frontiers” in Forced Migration Studies Programme et al., “Crossing Borders,
Accessing Rights, and Detention,” pp. 25-26, 40.
95
Human Rights Watch interview with a white police officer, Musina police station, Musina, April 26, 2006.
96
Immigration Act, section 33(7)(c).
97
Ibid., section 49(5).
98
Ibid., section 33(5)(c).
99
Human Rights Watch interview with a Zimbabwean detainee awaiting deportation, Makhado police station,
Makhado, April 29, 2006.
25
HUMAN RIGHTS WATCH VOLUME 18. NO. 6(A)
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