Free Zim migrants, court orders (Pretoria News)

The Pretoria High Court has ordered the release of about 600 Zimbabweans who were held for longer than 48 hours at the Soutpansberg Military Grounds just outside Musina. The court heard that the police continued to detain the Zimbabweans at the holding facility despite a special dispensation announced by the minister of home affairs which allowed these nationals to remain in South Africa lawfully, placing a moratorium on deportations of Zimbabweans.

The Home Affairs Department recently announced that Zimbabweans could get permits to stay and work legally in South Africa for six months. Sabelo Sibanda, of Lawyers for Human Rights (LHR), said in court papers that the detention facility near Musina was under SAPS command. Although a moratorium had been placed on their deportation, the police had continued detaining large numbers of Zimbabweans at the facility.

Home Affairs had started to implement the policy, which was announced earlier this month, and had issued these nationals with temporary permits. The police, on the other hand, had tried to deport a group of Zimbabweans. When they had arrived at the Beit Bridge Border post, immigration officers had refused permission to force the foreign nationals to leave the country. The police had returned them to the holding facility.

Sibanda said the Zimbabweans were held at the camp under appalling conditions. LHR said the SAPS in Musina indicated that in the absence of instructions from the safety and security minister, the police would not stop arresting and detaining Zimbabweans.

"In recognition of the humanitarian crisis in Zimbabwe, Home Affairs has finally heeded the call for a special exemption permit for Zimbabweans who often do not qualify as political refugees but require humanitarian protection in South Africa," Sibanda said.

Immigration officials had meanwhile released all Zimbabweans from the Lindela Repatriation Facility in Krugersdorp, but Limpopo police refused to comply with this directive. The lawfulness of the holding facility near Musina is under consideration by the high court, which has reserved judgment about it.

Sibanda said he hoped that with this week's court order government departments would work together to ensure that the minister's directive was implemented.

by  Zelda Venter