“They (SAPS) ask us for bribes. I have been arrested several times now because
of my papers. I am not a criminal, but they just arrest me.”
ii. Reasonable Grounds for Suspicion
According to the Immigration Act, a police officer must have “reasonable grounds” to
stop and detain someone. It specifies that profiling based on race is not to be used as
grounds for detention. Racial demographic was not collected; but reports from
respondents, with the country data collected, show that racial profiling is the primary
method of selecting victims. There were no whites arrested, in fact footage in one raid
from Salt River shows the one white person being asked politely to stand to the side
while the blacks in the room were made to provide identity documents. This seems
reasonable enough, if the system of attaining and renewing documents was not so
complicated. People are scared to carry their documents in case they are stolen or lost.
Tourists are advised against carrying their identification, yet they are never arrested or
harassed, if they are white.
“It’s only for the black foreigners, not whites, and mostly Zimbabweans are the
big targets.”
iii.
Verification
To confirm their status, officers must take reasonable steps to help anyone being
arrested to access any readily available documents, contact other people who can
confirm their status, and access relevant departmental records (Regulation 32).
Our research showed that in Limpopo 12 people said that the police did not assist them.
In the Western Cape and Gauteng, the number was much higher. 60 people in the
Western Cape and 38 people in Gauteng, responded that they did not receive
assistance from the police to collect and verify their document. It is very important for
the SAPS to assist suspected illegals to verify documentation as this minimizes the
numbers of innocent detainees, reduces the number of cases taken to court and
reduces pressure on the system. However, even if this is achieved, it does not take
away the fact that innocent people who look “foreign” must carry their documentation
with them at all times to avoid arrest and potential deportation.
23
Select target paragraph3
Add to table of contents