his home, because he lives in Musina, he crossed back into South Africa and resumed life as a legal temporary resident and Pastor. There are monitors and safety measures in place to try and legally protect the rights of detainees in Musina, but they are allowed to monitor only for a limited time each day. The Musina detention centre was shut down due its poor conditions and now suspected illegal immigrants awaiting deportation are temporarily being kept in Musina Police cells. These cells are very overcrowded and monitors from the Steering Committee have confirmed witnessing cells designed to hold 8 women, with 17 women inside; another two designed to hold 12 men with 27 and 55 men inside each respectively. IRIN News reported having witnessed 102 men in two cells61. The monitors from the steering committee keep a look out for children who may have not been picked up by the policeman or soldier making the arrest. Arrested children are supposed to be taken to a shelter and not detained. Our research indicated that the arrest, detention and deportation, coupled with physical abuse, of children in the Musina/Beitbridge area occurs regularly. i. Children in detention Section 138 of the Children’s Act prohibits the detention of unaccompanied foreign minors without a court order. As advanced by the International Detention Coalition, children ought to be considered foremost as children and not as migrants of any type.62 The Children’s Act decrees that any foreign child in need of care must be placed in government-sponsored shelters, and provided with the support and assistance of a social worker. The Constitution dictates that unaccompanied minors, both South African and foreign, are entitled to government protection, including children who have entered the country through irregular channels. A Children’s Court inquiry must also be conducted to investigate the child’s condition, regardless of the child’s legal status and lack of documentation. Unaccompanied foreign minors are further entitled access to education and assistance by a social worker in acquiring legal documentation. Access to assistance is of paramount importance, as South African law prohibits foreign minors from applying for documentation without the support of a social worker. Our research shows that only two out of forty one who were detained inside Lindela witnessed the detention of children. This compared to 16 out of 24 for those deported and detained in Limpopo who witnessed children in detention. Of the children we interviewed who had been arrested and deported, all took place in Limpopo Province; more specifically Beitbridge. In the short time we spent in Limpopo, we were able to interview eight unaccompanied minors who had been deported up to 4 times despite not yet turning 18 years old. All the children reported being beaten before being deported and some still had the wounds and scars to show for it.   61 IRIN News. “South Africa: Migrants face unlawful arrests and hasty deportations.” IRIN. 14 Feb 2012. http://www.irinnews.org/Report/94865/SOUTH-AFRICA-Migrants-face-unlawful-arrests-and-hastydeportations 62 LHR. “Global Report and Campaign to End Immigration Detention of Children to Launched at UN Human Rights Council.” 21 March 2012. http://www.lhr.org.za/news/2012/global-report-and-campaignend-immigration-detention-children-be-launched-un-human-rights-. See full IDC report at www.idcoalition.org/ccap. 38

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