Regularising the immigration status of the vast number of asylum
seekers has placed a great deal of pressure on the Department of
Home Affairs. Despite migration in recent years being largely
predictable in terms of its numbers and locations of migrants, the
department has continued to provide inadequate capacity at refugee
reception centres.
The report indicates that the asylum process is a long and
burdensome one; it can take anywhere from two to three years
before an applicant even receives an interview to assess a refugee
claim. Moreover, in cases involving the renewal of documents, this
often involves having to spend several days in queues to acquire
them, resulting in a loss of earnings or even the loss of a job.
Alarming trends of disregard for the law were observed in the
verification/screening process. The method of identifying so called
illegal immigrants is not transparent and has dangerous effects on
the sentiment towards foreign nationals in South Africa.
The procedure for informing people that they have been found to be
illegal and of their rights to contest their deportation is handled in a
very inconsistent manner. Moreover corruption and harassment at
the time of arrest also appear to be occurring on a national scale.
The detention stage in the deportation process was found to be
littered with abuse, neglect and failure to respect the rule of law.
Detainees held in Lindela reported not going through any medical
screening before detention. Data shows an almost complete lack of
access to medical services, including ARV’s. The length of detention
is also of serious concern. It was common practice for detainees from
countries further North of Zimbabwe to be held in Lindela for longer
than 120 days, but even Zimbabweans have on occasion been
detained for more than the 120 days. Moreover, several reports
including from legal professionals described a release and re-arrest
cycle of immigrants used to circumvent the 120 day maximum.
It is important to note that South African law does not require asylum
seekers and refugees to be detained (Refugees Act 130 of 1988).
Immigration officers must use their discretion in deciding whether or
not to detain someone, and because of the harmful effects of
detention, officers must do so in favour of liberty. The findings of this
report indicate the officers’ discretion is in favour of incarceration.
There are indications that the arrest, detention and deportation,
coupled with the physical abuse of children occur regularly in the
Musina/Beirbridge area.
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