Meyer ordered the immediate release of the applicant. The first and second respondents were ordered to pay the applicant's costs of this application.67 In 2009 a Congolese asylum seeker was deported 2 days before his court case was due to be heard.68 His was the 14th case brought by LHR, in the previous 3 months leading up to that, challenging the unlawful arrest and detention of asylum seekers. In 11 of these cases, the court ordered the release of the applicant from Lindela Holding Facility. In the remaining 2 cases, Home Affairs agreed to release the detained person on the morning of the court hearing, after the detainees had been subjected to months of unlawful detention.69 While this Report has not collected statistics on the direct and indirect financial costs of Deportation, the indications are that a more effective documentation system may be considerably less expensive in addition to being more in keeping with South Africa’s moral and leadership position on the continent. The financial cost of deportation is an area which requires further research. Conclusion “I would come back because I have people reliant on me, mouths to feed” The primary intention of this report was to expose the discrepancies between the legal requirements around deportation and the anomalies in its practical application. It s clear from the findings, confirming those of many other reports in this area, that South Africa is falling short of its lofty legal standards in the manner that the various government agencies are dealing with this huge challenge. The overall picture of abuse, corruption, lack of capacity and the neglect of the rule of law in this area is a cause for great concern. Most asylum seekers and immigrants come to South Africa because of the serious political and economic vulnerabilities in their country. The policy of using deportation to deal with this problem has not proved effective, and is unlikely to stem the flow of immigrants into the country in any definitive way. It is clear that this is a major challenge for any government to face, and the challenges of contemporary South Africa in dealing with the historic injustices of this society are clear. However it also clear that the current policies of the state towards asylum seekers and immigrants are in danger of fuelling xenophobic sentiments within the society, thus further aggravating an already immense challenge, In this context Zimbabwe represents a particular challenge, with the continuing political uncertainty in the country providing a persistent push for people to leave the country. It is still hoped that the broad implementation of the GPA will provide the basis for moving 67 See: Silva v Minister of Safety and Security. 1997 (4) SA 657 (W), at p 661 – H. http://www.saflii.org/za/cases/ZAGPJHC/2010/59.html) 68 PoliticsWeb via LRC. “How much are home affairs’ legal battles costing?” 12 October 2010. http://www.lrc.org.za/component/content/article/1280-2010-10-12-how-much-are-home-affairs-legalbattles-costing-politicsweb 69 PoliticsWeb via LRC. “How much are home affairs’ legal battles costing?” 12 October 2010. http://www.lrc.org.za/component/content/article/1280-2010-10-12-how-much-are-home-affairs-legalbattles-costing-politicsweb 42

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