stem the flow, and simply increased the hardships and risks for migrants. The border became
a “revolving door” with deportees often back in South Africa within hours.45
In April 2009, a moratorium on deporting Zimbabweans was declared, which has largely,
but not always, been respected by the South African Police (SAP) and DHA. South African
Lawyers for Human Rights (SALHR) report that in December 2009 and January 2010, they
were called in to represent scores of Zimbabweans who were being deported from Musina via
Beitbridge. These deportations took place on several occasions. When SALHR objected to this
in view of the moratorium, officials admitted that these deportations should not be
happening, and blamed them on elements in the SAP who were defying the policy directive.46
In March police reported that they had deported 2,000 migrants in January and February, of
which 179 were Zimbabweans who had “criminal records” in South Africa. How many were
Zimbabweans without criminal records, is not reported.47
3. Documentation
The primary way in which Zimbabweans have tried to gain the legal right to live and work in
South Africa, has been by acquiring an Asylum Seeker Permit (ASP). For many years, the
implicit policy seemed to be to make it as difficult as possible for these permits to be issued to
Zimbabweans: in 2004, only around 5 per week were being issued through the Johannesburg
office, in spite of massive demand.48 This was linked to an official reluctance to admit that
there was effectively a low grade civil war in Zimbabwe, and that possibly many thousands of
Zimbabweans were suffering political persecution and were entitled to refugee status. Over
time, it has become easier for Zimbabweans to gain ASPs. For example, there were 17,667
asylum claims in 2007 ‐ but only 271 were approved and 1,628 rejected.49 Yet human rights
groups in Zimbabwe continue to document thousands of cases of political persecution every
year. Polzer among others has pointed to the tendency to interpret the Refugee Act very
narrowly, to keep it less responsive to Zimbabweans than it could be.50
i. Undocumented Zimbabweans: ASPs – an inappropriate ad hoc measure
While there has continued to be a reluctance to grant full refugee status, the issuing of ASPs
has become the primary response of the DHA to dealing with the large numbers of
Zimbabweans arriving undocumented in South Africa. Considering their intention to
ultimately apply a very narrow interpretation of the Refugee Act, this is hardly appropriate –
the mass issuing of ASPs at the Musina Refugee Reception Office in particular, is clearly being
used as a “temporary stop gap measure”, in the face of no obvious current alternatives.51
SALHR reports that ASPs are being issued in Musina almost as a routine within a day or two of
waiting, and without any rigorous screening prior to their issue. However, there is also
evidence of these asylum claims currently being fast‐tracked, with the vast majority being
dismissed as “Manifestly unfounded” claims, which precludes any possibility of appeal.52 This
45 See SPT, No War, ibid for detailed information on deportation experiences.
46 Interview, SALHR, 2 March 2010.
47 The Zimbabwean; “SA army along the Zim‐Moz border”, 9 March 2010.
48 See SPT, No War, ibid.
49 Cited in T Polzer, ibid, page 10.
50 Op cit.
51 Polzer, op cit. Also interview��with SALHR, 2 March 2010.
52 Interview, SALHR, 2 March 2010.
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