maximum. These issues are complicated by the fact that detainees only have access to
Bosasa security officials, who lack the necessary training and responsibility to protect
the rights of detainees. Officials have been known frequently to ignore or delay court
orders for release. However, the lack of transparency at this stage limits the extent to
which the problems occurring inside the detention facility can be monitored and
addressed.
i.
Lindela Detention Centre
Photo 3: The outside of Lindela Detention Centre
The Lindela
Detention Centre is
a large holding
facility in Guateng
used to hold alleged
illegal migrants while
awaiting deportation.
The Department of
Home Affairs, which
is responsible for
Lindela, employs a
company named
Bosasa to manage
the facility. Though
Bosasa claims that
Lindela is "compliant with all good governance and lawful criteria,"42 the centre has long
been under investigation by various human rights groups after extremely numerous
reports of unethical and unlawful treatment of detainees.43. Reports have noted illegally
extended periods of detention, abusive conditions, failure to inform detainees of legal
rights, and more.
The greatest concern about the DHA subcontracting the management of Lindela is that
the Bosasa officials serve as a buffer between detainee and DHA official. According to
the Immigration Act, the detainee is allowed to ask any officer at any time to confirm
their detention for the purpose of deportation by a warrant of the court (Section
34(1)(b)).If the detainee asks for such a warrant and the warrant is not issued within 48
hours, the person must be immediately released (Section 34(1)(b)) But a detainee can
only enact this right through an immigration officer. The security guards hired by Bosasa
have no training in immigration law and have no incentive—unless a monetary one is on
the table—to listen to the appeals of detainees. Yet they are the ones with the
responsibility of the well being of detainees, many of whom, as the Arrests section
clearly illustrated, have good reason to want to appeal their detention. As LHR reports,
42
Bosasa. "Lindela Repatriation Centre." Accessed 3 May
2012. http://www.bosasagroup.com/content/1361/1275/lindela-repatriation-centre
43
Lawyers for Human Rights: 2010 Immigration Detention Report
http://www.lhr.org.za/publications/immigration-detention-report
29
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