If the system were to become more efficient, the income from bribes would seriously diminish.
The irony is that among Zimbabweans in South Africa, it is likely to be those who come to
South Africa with goods to vend, or who get employment, that can afford the bribes, while the
genuine political asylum seekers are left standing in endless queues of frustration, end up with
no permits, and are therefore more subject to deportation. Political asylum seekers that we spoke
to knew about the bribery system, but were generally not prepared to be pragmatic and pay.
They were very aware of their rights, being highly politicised, and resented having to resort to
corrupt means to get something they were informed enough to know was their legal right.
Home Affairs – impunity in the system
A lawyer commented to us that there was impunity for officials in the way the system
operates.109 Evidence points overwhelmingly to corruption, inefficiency, and to an unofficial
policy of being particularly obstructive towards Zimbabweans. However, it is very difficult to
prove male fides, because some Zimbabweans do undeniably get ASPs through the front door –
even if this is only a handful a week. The endless claims of computers being down and the keys
to the safe being unavailable are also very hard to prove or disprove week after week. By
keeping the flow of applications to a trickle and by claiming “technical faults” in the system, the
number of ASPs is kept to a minimum while at the same time making it impossible for critics to
say categorically that Zimbabweans or others are being denied asylum, or that officers are on a
permanent “go slow”.
Response of Home Affairs on corruption and capacity
Barry Gilder informed the authors that a new department of Counter Corruption and Security
has been set up within Home Affairs, as of the end of October 2004, and a Chief Director has
begun work in this capacity already. This underlined the intention of Home Affairs to deal with
corrupt officials. Gilder pointed out that huge crime syndicates with plenty of money have
infiltrated Home Affairs with people in their pay – they are prepared to spend vast amounts of
money to get the documents they need for criminal purposes; to get rid of corruption in Home
Affairs, it is also necessary to deal with organised crime syndicates, otherwise one corrupt
official will be replaced with another equally vulnerable to being bought. Gilder was very
willing to admit to, and condemn, corruption in his department.
Gilder repeatedly denied any prejudice against Zimbabweans by his officials. Yet he himself
made statements that indicated that he does not believe there has been an increase in political
refugees from Zimbabwe. When we suggested to him that he was making this assessment based
on Home Affairs computer figures which reflect a handful of Zimbabweans a week, and not on
the reality of Zimbabweans on the pavement failing to access his offices and enter the system, he
repeatedly commented that he had not seen this for himself. While admitting the system in
general does not cope, he then stated – “the influx of Zimbabweans asylum seekers is something
we can cope with in the system”. The evidence to the contrary is out there on the pavement
every Tuesday.
In summary, there is ample evidence from multiple sources that many Zimbabweans who wish to
have asylum claims processed are failing to access the system through no fault of their own.
Inefficiency, corruption and a lack of good will on the part of South African RROs are
109
LHR and Wits Law Clinic, interviews September 2003, October 2004.
48
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