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 33

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