Meyer ordered the immediate release of the applicant. The first and second
respondents were ordered to pay the applicant's costs of this application.67
In 2009 a Congolese asylum seeker was deported 2 days before his court case was
due to be heard.68 His was the 14th case brought by LHR, in the previous 3 months
leading up to that, challenging the unlawful arrest and detention of asylum seekers. In
11 of these cases, the court ordered the release of the applicant from Lindela Holding
Facility. In the remaining 2 cases, Home Affairs agreed to release the detained person
on the morning of the court hearing, after the detainees had been subjected to months
of unlawful detention.69
While this Report has not collected statistics on the direct and indirect financial costs of
Deportation, the indications are that a more effective documentation system may be
considerably less expensive in addition to being more in keeping with South Africa’s
moral and leadership position on the continent. The financial cost of deportation is an
area which requires further research.
Conclusion
“I would come back because I have people reliant on me, mouths to feed”
The primary intention of this report was to expose the discrepancies between the legal
requirements around deportation and the anomalies in its practical application. It s clear
from the findings, confirming those of many other reports in this area, that South Africa
is falling short of its lofty legal standards in the manner that the various government
agencies are dealing with this huge challenge. The overall picture of abuse, corruption,
lack of capacity and the neglect of the rule of law in this area is a cause for great
concern.
Most asylum seekers and immigrants come to South Africa because of the serious
political and economic vulnerabilities in their country. The policy of using deportation to
deal with this problem has not proved effective, and is unlikely to stem the flow of
immigrants into the country in any definitive way. It is clear that this is a major challenge
for any government to face, and the challenges of contemporary South Africa in dealing
with the historic injustices of this society are clear. However it also clear that the current
policies of the state towards asylum seekers and immigrants are in danger of fuelling
xenophobic sentiments within the society, thus further aggravating an already immense
challenge,
In this context Zimbabwe represents a particular challenge, with the continuing political
uncertainty in the country providing a persistent push for people to leave the country. It
is still hoped that the broad implementation of the GPA will provide the basis for moving
67
See: Silva v Minister of Safety and Security. 1997 (4) SA 657 (W), at p 661 – H.
http://www.saflii.org/za/cases/ZAGPJHC/2010/59.html)
68
PoliticsWeb via LRC. “How much are home affairs’ legal battles costing?” 12 October 2010.
http://www.lrc.org.za/component/content/article/1280-2010-10-12-how-much-are-home-affairs-legalbattles-costing-politicsweb
69
PoliticsWeb via LRC. “How much are home affairs’ legal battles costing?” 12 October 2010.
http://www.lrc.org.za/component/content/article/1280-2010-10-12-how-much-are-home-affairs-legalbattles-costing-politicsweb
42
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