Lawyers for Human Rights is concerned that victims of xenophobic attacks in and around Gauteng Province continue to be arrested and detained by members of the South African Police Service. These arrests continue despite a commitment by Home Affairs Minister Nosiviwe Mapisa-Nqakula that victims of xenophobic attacks will not be deported, but will be assisted and protected from such attacks.
We are especially concerned at recent attacks in Olifantsfontein on the East Rand in which it appears that 32 foreign nationals were attacked and robbed of their belongings. These people were also told to leave the country by their attackers. The police in response to these attacks proceeded to arrest these victims as they were unable to produce any documentation as to their lawful status in South Africa. They have since been transported to the Lindela Holding Facility to be detained pending deportation. There appears to be no consideration for the protection of these victims despite assurances made by the Minister of Home Affairs. It is distressing that the police willingly obliged the attackers and have facilitated the deportation of these victims of crime. Mr. Mokgoba, spokesperson at the Olifantsfontein Police Station, advised us when asked why potential witnesses of a criminal act were being deported that “it is a problem.” Further, when we informed him of the assurances by the Minister of Home Affairs that the victims of xenophobic crimes would not be deported, he merely responded that “that had not been extended to the police.” The police have an obligation and a duty to investigate crimes committed against any person. By deporting these victims, the police are essentially depriving them of their right to lay complaints and criminal charges.
Surely criminals must not be encouraged to attack foreign nationals because they know that they will most likely be deported before they are able to act at witness in a trial. Further, the xenophobic attacks that have been so far affected many communities in the rest of South Africa have finally spread to Gauteng. The result has been civil unrest, violence and the deaths of four people so far. It is unfortunate that this problem did not receive the government’s attention until it arrived on the doorstep of South Africa’s largest city. The Minister of Home Affairs has assured victims of xenophobic attacks that they will find security with the police instead of the threats of detention and deportation. Foreigners irrespective of whether they are documented or not should not be afraid to approach the police for protection. The police should not be allowed to become complicit in the demands by attackers that they must leave their country and “return home.” To do so is to condone these crimes being committed against foreign nationals.
Contact Kaajal Ramjathan-Keogh, tel 011- 339 1960 or David Cote tel 011 339 1960Kaajal [at] lhr [dot] org [dot] za (Kaajal [at] lhr [dot] org [dot] za) david [at] lhr [dot] org [dot] za (david [at] lhr [dot] org [dot] za)
