irregular migrants and migrants in detention or in the deportation process. Moreover,
Section 35 (2) more explicitly states “all detained individuals, including those held in
administrative detention, are entitled to conditions of detention consistent with human
dignity, including the provision of adequate accommodation, nutrition, reading material
and medical treatment.” This is also highlighted in Immigration Regulations, Annex B,
stating that “Every detainee shall have access to basic health facilities”#. Regarding
access to health care in practice this means that detainees must, while in detention, be
provided with necessary health care including ARV treatment if needed.
Kaajal Ramjathan-Keogh explains: “There is a doctor who comes in once a day… for at
least the last ten years, and I actually don’t know what service he provides—he’s meant
to be seeing detainees and providing treatment and medical services but its
questionable what kind of treatment he is actually providing.” When this was raised with
Bosasa by the LHR, they were informed that Bosasa were no longer contractually
obliged by the DHA to provide medical treatment to detainees.54
Research findings revealed a significant gap between legal provisions and policy
implementation practices. When asked about the possibility of them accessing
medical treatment while in detention, 90% of respondents reported not having
access to medical care, including ARV’s. Detainees held at Lindela Detention Centre
have little access to medical care of any kind, whether for chronic conditions or new
injuries.
Graph 7 shows the overwhelming proportion of individuals that did not have access to medical
treatement (including antiretrovirals) while in detention.
Exacerbating the health predicament at Lindela, reports indicate that detainees there
are not provided with sufficient food and live in conditions which are extremely
conducive to the spreading of disease (including TB), resulting in the severe illness and
deaths of detainees. An Article by GroundUp, tells about a young Zimbabwean man
who spent 3 months in a critical condition inside Leratong, before his family were made
aware of his situation. Lindela gave no explanations and take no responsibility for the
gentleman’s situation.55 In December of 2011, a Congolese gentleman died at
54
Taken from interview with researcher
GroundUp, “Lindela Accused of poor handling of meningitis case,” May 10 2012,
http://www.groundup.org.za/content/lindela-accused-poor-handling-meningitis-case
55
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