or at arbitrary times of the night. The police are then waiting to re-arrest them for being found undocumented or illegal and they are then taken back to Lindela where they begin a new 120 day cycle. The private immigration lawyer also explained that there is little that can be done by detainees or their families to fight this injustice because they cannot afford the legal fees to take the DHA to court. There are legal aid organisations such as the Legal Resource Centre, UCT Law Clinic and Lawyers for Human Rights; but there are too few resources to support the number of cases that should be filed and even where help may be available, the detainees do not know how to access it. If a detainee is fortunate enough to get representation, and the lawyer obtains a court order for immediate release, there is still no guarantee of freedom. Lawyers report regularly being made to wait more than 24 hours for the order to be carried out. One tried appealing to the sheriff to execute the court order but the sheriff maintains that he would not be able to break into the centre and have them released. Meanwhile, DHA officials inside Lindela maintain that they are awaiting official confirmation from higher up. When the detainee is finally released, his lawyer must hand over his court order, which gives him 14 days to apply for documentation. If the lawyer is unable to get the court order to the person, they will be considered undocumented and therefore illegal. v. Access to Medical Care The International Detention Coalition recently reported that, “Detention has been shown to harm health and wellbeing … Research has demonstrated that being in detention is associated with poor mental health including high levels of depression, anxiety and post-traumatic stress disorder (PTSD) and that mental health deteriorates the longer someone is detained. One study found clinically significant symptoms of depression were present in 86% of detainees, anxiety in 77%, and PTSD in 50%, with approximately one quarter reporting suicidal thoughts.”51 The South African Constitution guarantees the right to health services to everyone residing on South African territory, regardless of his or her legal status (Section 27(1) of the Constitution). According to 27 (2) it is the State’s responsibility to enable residents to access these rights, although these may depend on the individual’s financial situation based upon a standard Means Test which determines the cost of treatment relative to income. This means that hospitals have to provide everybody with at least basic and emergency care and are not allowed to restrict migrants’ access by charging fees exceeding those defined by the Department of Health. In the context of means testings, HIV and Sexually Transmitted Infection treatment have an exceptional position. According to the National Strategic Plan and a directive issued by the National Department of Health, refugees and asylum seekers with or without papers shall have access to antiretroviral treatment via public hospitals free of charge.52 Stating that “everyone has the right to have access to health care services”,53the Constitution as well as other regulations mentioned do not in any capacity exclude 51 International Detention Coalition (IDC) Immigration Detention Submission to the Special Rapporteur on the Human Rights of Migrants. 3 Feb 2012. http://www.scribd.com/doc/80883801/IDC-submissionto-the-Special-Rapporteur-concerning-his-report-on-the-issue-of-immigration-detention 52 Consortium for Refugees and Migrants in South Africa: Protecting Refugees, Asylum Seekers and Immigrants in South Africa. Johannesburg: CoRMSA, 2008. P. 38. 53 Constitution of South Africa, Section 27. 32