At Musina police station, two police officers gave initially contradictory accounts of the
role of DHA officials with respect to Zimbabwean detainees awaiting deportation. A
police inspector told Human Rights Watch: “You can’t deport Malawians without the
DHA first dealing with them.” When asked why there was a different practice for
Malawians and Zimbabweans, he replied, “The instruction is that we can simply deport
Zimbabweans, unlike Malawians who must first see the DHA. I don’t know why.”90
About an hour later, the police officer in charge of communications described standard
procedures, which included: “The station calls the Home Affairs Department to verify
the information of the Zimbabweans.”91 He went on to talk about asylum seekers. At
Musina police station, he said, no one had claimed asylum. On a different visit, the
communications officer acknowledged that the DHA treated Malawians and
Zimbabweans in detention differently. “Malawians are usually claiming asylum, that’s
why DHA is involved.” Otherwise, “DHA does spot checks to verify identities. Maybe
DHA comes to establish if there are any problems for asylum.”92
The DHA practice at Musina police station of assuming that all Zimbabweans are
economic migrants deprives those seeking asylum of an opportunity to declare their
status to a DHA official. The assumption that Zimbabwean migrants are not asylum
seekers because Zimbabwe is not at war is, as noted earlier, widespread among officials
in the DHAs and the South African Police Service, and does not explain the different
treatment Malawians receive, as Malawi is also not at war.
On a third visit to Musina police station, Human Rights Watch encountered a
Zimbabwean asylum seeker who was awaiting deportation. The 36-year-old
Zimbabwean man from Chipinge said he and a friend had crossed the border illegally
and had been arrested on a bus at Masisi, near Kruger National Park, en route to
Thohoyandou. They were taken to Masisi police camp, and then to Musina police
station. “We are opposition party supporters. We have been chased, and then we ran,
and then we came here.”93 They were trying to reach Pretoria, where the interviewee
had been told he could get a refugee permit. This was his second attempt to obtain
refugee status: On his first attempt in May 2005, he had entered South Africa illegally.
The DHA at Beitbridge had issued him with an asylum transit permit—in terms of the
Immigration Act, as amended, the director-general of the DHA may issue an asylum
transit permit, valid for 14 days, to a person who at a port of entry claims to be an
90
Human Rights Watch interview with a police official, Musina police station, Musina, April 22, 2006.
Human Rights Watch interview with the police officer in charge of communications, Musina police station,
Musina, April 22, 2006.
92
Human Rights Watch interview with a police official, Musina police station, Musina, April 24, 2006.
93
Human Rights Watch interview with a Zimbabwean asylum seeker in detention and awaiting deportation,
Musina police station, Musina, April 26, 2006.
91
HUMAN RIGHTS WATCH VOLUME 18, NO. 6(A)
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