LHR turns to court over Operation Fiela

Lawyers for Human Rights has has turned to court to challenge Operation Fiela and the way is being conducted across the country is unlawful and unconstitutional.

LHR’s David Cote said the operation, its being carried out without proper compliance and a deliberate misapplication of the South African Police Service Act.

Following the xenophobic violence that took place particularly in KwaZulu-Natal and Gauteng in April, President Jacob Zuma appointed an Inter-Ministerial Committee to deal with issues of migration.

On 8 May 2015, a raid – as part of the larger Operation Fiela-Reclaim - took place in the Johannesburg city centre and saw foreign nationals targeted and arrested in their homes in the early hours of the morning by police and military officials, supported by immigration officers from the Department of Home Affairs.  

The LHR said they were informed by the police that this operation had taken place under the SAPS Act, which meant there was no warrant issued by a court, as required by law.

Cote said that LHR is gravely concerned that operations that are conducted in violation of section 14 of the Constitution that guarantees the right to privacy and not to have one’s home searched unless it is authorized and done in accordance with governing legislation. 

This action may only be conducted with the authorisation of a warrant and only on reasonable grounds. This is fundamental to our constitutional dispensation, the right to dignity and the rule of law.

“This case is not about stopping the government’s ability to fight crime but ensuring that it does so within the confines of the law,” said LHR’s David Cote.  

“In the normal course of operations, police must get warrants to enter people’s homes. There is no reason why they should not do so under Operation Fiela-Reclaim.”  Cote said.

Unfortunately, this operation comes on the heels of no less than three urgent high court applications in the last month seeking access to the same clients arrested on 8 May in Johannesburg. 

Once at the Lindela Repatriation Facility, many of our clients were deported before their matters could be heard in court in clear violation of these court orders.

This ongoing violation of the rights of foreign nationals by Home Affairs, including the right to choose and consult with a legal practitioner while in detention, is a reflection of the government’s misguided attempt to deal with xenophobia.

The matter is expected to be heard on Tuesday, 23 June 2015, in the high court in Pretoria.