I was arrested three months back at my house in Chihota. I bought a
car. I have the papers and receipts. The only problem is I don’t have a
passport. But I have a passport number. I am Mozambican. The police
don’t understand me. The car is at the police station. For a visa to
come to South Africa, it’s very expensive. Where can I get that money
now? My wife and child (who was born in South Africa) were also
arrested this morning. I saw when they walked past. It was better for
police to open a docket to go to court.109
Human Rights Watch came across another detainee who claimed she had been detained
for more than 30 days, apparently without any of the necessary legal procedures. The
21-year-old Zimbabwean from Gweru had been self-employed as a hairdresser in
Polokwane since 2004, but did not have a work permit. She told us, “I was caught in
Pietersburg [Polokwane] on March 3. They [the police] said: ‘We are waiting for people
from Home Affairs.’ Then we waited two weeks. Home Affairs came and took our
fingerprints. We waited more time. At least the conditions in the cell were fine. I was
only deported yesterday.”110 She had returned to South Africa the next day and had
immediately been arrested in the Limpopo river; Human Rights Watch talked to her that
same day.
To attempt to verify these allegations of violations of the 30-day detention provision
with police at Makhado and Musina police stations might have endangered the two
undocumented foreigners. For this reason, Human Rights Watch did not return to the
police at these police stations for comment on these specific cases. Violations of the
30-day detention provision have been widely reported on by other researchers.111
Detention not in compliance with prescribed standards
The Immigration Act provides for “illegal foreigners” to be detained “in compliance
with minimum prescribed standards protecting his or her dignity and relevant human
rights.”112 The Immigration Regulations stipulate the minimum standards for
accommodation, nutrition, and hygiene in detention.113 Every detainee must be
provided with a bed, mattress, and at least one blanket. Male and female detainees
109
Human Rights Watch interview with a Mozambican detainee awaiting deportation, Makhado police station,
Makhado, April 29, 2006, with translation assistance from a Zimbabwean detainee.
110
Human Rights Watch interview with a Zimbabwean woman awaiting deportation, Musina police station,
Musina, April 26, 2006.
111
Landau, Ramjathan-Keogh, and Singh, “Xenophobia in South Africa and Problems Related To It”; Forced
Migration Studies Programme et al., “Crossing Borders, Accessing Rights, and Detention.” See also, Human
Rights Watch, “Living on the Margins,” and “‘Prohibited Persons.’”
112
Immigration Act, section 34(1)(e).
113
Immigration Act, section 34(1(e) and Immigration Regulations, section 28(5) and Annexure B.
HUMAN RIGHTS WATCH VOLUME 18, NO. 6(A)
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