(SANDF) and some local government officials continues, it will release the negative energies inherited from the apartheid past that feed the hysteria and xenophobic tensions witnessed in 2008. South Africa’s constitution, laws and norms allow refugees the right to work and live freely, but there is much anecdotal evidence to indicate that these are not being upheld. This report aims to illustrate the deportation process from a legal standpoint and compare that with the reality on the ground as told by witnesses, former detainees and deportees as well as experts and stakeholders. There is a strong disconnect between what the government is telling us is happening to alleged illegal immigrants, what the law says about how illegal immigrants should be treated and the experiences described by the people forced to go through, or who are directly involved in, this process. South Africa’s treatment of foreign nationals that it deems to be illegal is seriously at odds with the principles and values South Africa claims to hold true. Box #1: Xenophobia in 2008 My name is Raymond. I’m twenty-nine years old now. I come from Zimbabwe Masvingo Province, Bikita District. I came to South Africa in 2006. I started staying in Limpopo, where I worked for a year and then I came to Johannesburg in 2007. It was not easy for It was no easy for me to start life in Johannesburg. I started living in Yeoville, on the street, in the parks. From there, I got work. I started renting, up to the time of xenophobia. I was attacked during that time by the police, the South African police. They caught me and they beat me. You see the scars on my face? They beat me. They nearly killed me, because of the xenophobia. They drove me to the bush area, where they wanted to dump me. I think their aim was to take me to Alexandria, because a number of people were being killed there during that period. They wanted to drop me there. They knew I was vulnerable, you see. I had to use my tactics to survive. I jumped on top of the van, and they drove all the way from that bush to Yeoville where they beat me. The policeman stepped on me with his shoe. I felt a very big pain, and they nearly killed me at that point. They took me to the hospital where I was given stiches. From there,I went to open a case about the incident, but they did nothing. The police also took my passport. They robbed me and took my money, and passport, and my jacket, which I was wearing. I had to travel on top of the van without my jersey on. Opening a case did not work, I was igniting more fire. After they beat me, I was going back to follow up with my case. They saw me and said,“You are going to suffer for what you are trying to do, to arrest a policeman.” I told them “No, I just want my passport. If you give me my passport it will be okay, I will not come back again.” They wanted to kill me because I was following that case. They arrested me again in the morning. At the moment I am using an asylum seeker permit. The time I came here I had to cross with my passport, but those cops took it. I don’t know what they are doing with my passport. I have an asylum seeker permit to be safe on the street, but I need my passport, you know. At the moment I have valid asylum papers, it will expire in September. Background i. The Deportation Process Between 1997 and 1999, the South African Human Rights Commission conducted a series of investigations and assessments of the various aspects of the deportation process.6These investigations into the deportation process were brought about by “increasing reports of violations of human rights.” Some of their more significant findings and recommendations included racial profiling when making arrest, failure to give reasons at the time of arrest, failure to assist with verification of or collection or 6 Kollapen. J. (1999) South African Human Rights Commission: “Report into the Arrest and Detention of Suspected Undocumented Migrants.” http://www.sahrc.org.za/home/21/files/Reports/Report%20into%20the%20Arrest%20and%20Detention%20of%20s uspected%20migrants19.pdf 10