I was arrested three months back at my house in Chihota. I bought a car. I have the papers and receipts. The only problem is I don’t have a passport. But I have a passport number. I am Mozambican. The police don’t understand me. The car is at the police station. For a visa to come to South Africa, it’s very expensive. Where can I get that money now? My wife and child (who was born in South Africa) were also arrested this morning. I saw when they walked past. It was better for police to open a docket to go to court.109 Human Rights Watch came across another detainee who claimed she had been detained for more than 30 days, apparently without any of the necessary legal procedures. The 21-year-old Zimbabwean from Gweru had been self-employed as a hairdresser in Polokwane since 2004, but did not have a work permit. She told us, “I was caught in Pietersburg [Polokwane] on March 3. They [the police] said: ‘We are waiting for people from Home Affairs.’ Then we waited two weeks. Home Affairs came and took our fingerprints. We waited more time. At least the conditions in the cell were fine. I was only deported yesterday.”110 She had returned to South Africa the next day and had immediately been arrested in the Limpopo river; Human Rights Watch talked to her that same day. To attempt to verify these allegations of violations of the 30-day detention provision with police at Makhado and Musina police stations might have endangered the two undocumented foreigners. For this reason, Human Rights Watch did not return to the police at these police stations for comment on these specific cases. Violations of the 30-day detention provision have been widely reported on by other researchers.111 Detention not in compliance with prescribed standards The Immigration Act provides for “illegal foreigners” to be detained “in compliance with minimum prescribed standards protecting his or her dignity and relevant human rights.”112 The Immigration Regulations stipulate the minimum standards for accommodation, nutrition, and hygiene in detention.113 Every detainee must be provided with a bed, mattress, and at least one blanket. Male and female detainees 109 Human Rights Watch interview with a Mozambican detainee awaiting deportation, Makhado police station, Makhado, April 29, 2006, with translation assistance from a Zimbabwean detainee. 110 Human Rights Watch interview with a Zimbabwean woman awaiting deportation, Musina police station, Musina, April 26, 2006. 111 Landau, Ramjathan-Keogh, and Singh, “Xenophobia in South Africa and Problems Related To It”; Forced Migration Studies Programme et al., “Crossing Borders, Accessing Rights, and Detention.” See also, Human Rights Watch, “Living on the Margins,” and “‘Prohibited Persons.’” 112 Immigration Act, section 34(1)(e). 113 Immigration Act, section 34(1(e) and Immigration Regulations, section 28(5) and Annexure B. HUMAN RIGHTS WATCH VOLUME 18, NO. 6(A) 28

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