Leratong. There were accusations and reports that he was denied treatment inside
Lindela which worsened his situation and then only taken to Leratong too late.56This
apparent trend of refusing treatment until it is an emergency and then transferring
responsibility over to the hospital when there is little they can do is costing the
government significantly more in medical fees and brings to light a troubling disregard
for human dignity.
Naturally, the Centre denies involvement in these deaths. When defending allegations
of abuse at the centre, the head of Lindela Makgabo Kekana says the allegations are
there but there are not provable."You have seen people with (injury) marks, yes,
because they will be trying to attack us. We do not assault people," says Kekana.57 The
importance of transparency and accountability are paramount for this very reason;
these allegations must become provable.
There should not be debate about whether detainees should have access to medical
treatment, adequate food or the opportunity to live with dignity; these things must be
implemented. With the myriad of flaws and inconsistencies thus far in the process, it is
clear that there is a desperate need for transparency and accountability to prevent the
arrest and detention of foreign nationals with valid documents and citizens who were
not carrying their Identity Book, or “Pass”. Regardless of the legitimacy of one’s status,
the manner in which a person is treated while in custody of the DHA, the Constitution
should still be respected.
Deportation
The findings with regards to deportation followed similar trends of disregard for human
dignity and legal process as in the previous two stages. The detention and deportation
of refugees and asylum seekers was found to be taking place. Zimbabweans were
interviewed who had been deported during the time that the supposed Moratorium on
deportation of Zimbabweans was in place. Corruption inevitably rears its ugly head at
this stage. Detainees reported having to pay for their own plane tickets to leave Lindela,
while others reported having to pay a bribe just to be allowed to then buy their own
plane ticket. Official statistics and information regarding the cost of detention,
deportation and litigation is very difficult to come by; but from the information we were
able to gather, deportation is costing South African taxpayers far more than they realise.
i.
Deportation of Asylum Seekers and Refugees
It is important to note that South African law does not require asylum seekers and
refugees to be detained (Refugees Act 130 of 1998). Immigration officers are not
required to detain illegal foreigners. Officers must use their discretion in deciding
56
SABC. “SA to deport 1 800 illegal foreigners.” 23 December 2011.
www.sabc.co.za/news/a/4dd9bb80498758d683c5bbf9983387d0/SA-to-deport-1-800-illegal-foreigners20111223+death+of+congolese+at+lindela&cd=3&hl=en&ct=clnk&client=safari.
57
SABC. “SA to deport 1 800 illegal foreigners.” 23 December 2011.
www.sabc.co.za/news/a/4dd9bb80498758d683c5bbf9983387d0/SA-to-deport-1-800-illegal-foreigners20111223+death+of+congolese+at+lindela&cd=3&hl=en&ct=clnk&client=safari.
34
Select target paragraph3
Add to table of contents