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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