methods and to thus draw a comprehensive picture of the situation of migrants in South African
detention centres.
Core Principles of Applicable Law
South African law regulates the arrest, detention, and deportation of illegal foreigners.
The sources of law include the Constitution, the Immigration Act and accompanying
Regulations, and the Promotion of Administrative Justice Act (PAJA).
Key rules under the Immigration Act and Regulations:
i.
Only immigration officials – not police – may declare someone an illegal foreigner
for the purposes of deportation
ii.
If police/immigration officers detain someone to confirm their immigration status:
The officers must help the detainee access their documents (if
readily available), contact other people who can confirm their
status, and access departmental records
detention for the purpose of verification must not last longer than 48
hours
iii.
If police/immigration officers detain someone for the purpose of deportation:
When it is decided that a person is an illegal foreigner and should
be deported, that person must be informed in writing (1) that this
decision has been made and (2) that he or she has the right to
appeal this decision.
That person has the right to ask any officer at any time to confirm
his or her detention for the purposes of deportation by a warrant of
the court.
If the requested warrant is not issued within 48 hours, the person
must be immediately released.
�� The person must be told about all of these rights upon his or her
arrest in a language that he or she understands.
iv.
Maximum detention times:
A person detained for the purpose of deportation cannot be held for
longer than 30 days without a further warrant of the court
(specifically, one which has good and reasonable grounds)
Even with a further warrant, the detention may not last longer than
an additional 90 days.
After someone is held for 120 days, they must be released
immediately, regardless of official status.
v.
Prescribed forms must be used in giving effect to the above provisions.
vi.
The dignity and human rights of all detainees must be protected at all stages of
arrest, detention, and deportation.
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