Court halts deportation of Somali refugees minutes before their departure

Yesterday the Pretoria High Court granted an urgent interim order interdicting the Department of Home Affairs, ACSA, and Analytical Risk Management (a private detention facility) from deporting, or in any way facilitating the removal of two Somali refugees, who were being deported from Namibia to Somalia, and who were at the time transiting through OR Tambo Airport.

Lawyers for Human Rights ("LHR") was made aware of their arrival in Johannesburg late on Tuesday night and informed that the deportation would take place on Wednesday at approximately 14h00. LHR was alerted to the case by the United Nations High Commissioner for Refugees (UNHCR), who received a call from the refugees. The UNHCR, confirmed that both Somali nationals are recognised as refugees in South Africa. They are accordingly entitled to international protection against their return to Somalia where they face a real risk of persecution. The Department of Home Affairs however argued in court that they cannot interfere with a sovereign state’s (Namibia) deportation which is merely transiting through South Africa – despite their Refugee Status in South Africa. The Court reiterated that the Constitution and the right to access courts is a right to all persons within the territory of South Africa, notwithstanding the applicants’ legal status, or who is conducting a deportation.

The Court ordered that their deportation be immediately halted, pending the applicants return to court for final relief once they have consulted with their legal representatives, for further or final relief. Somalia remains one of the most war torn countries in the world with no functioning government since 1991. The United Nations has repeatedly encouraged states to recognise Somali refugees and provide them with the protection they are lacking in their own country. This is the second court case brought by LHR in the past week to vindicate the rights of people detained, or transiting through OR Tambo Airport without access to lawyers or courts to challenge the basis for their detention or deportation.

The South Africa Government has obligations under domestic and international law to uphold the rights in the Bill of Rights and protection against sending people to countries where they face persecution or risk to their life - which must as a matter of course include the monitoring and proper oversight of deportations s through South Africa and private immigration detention facilities outsourced to private companies and private immigration practitioners.

This matter will return to court as soon as a full consultation with the refugees can be conducted.

For more information, please refer to:

Kaajal Ramjathan-Keogh                                                               David Cote

Head of Refugee Rights                                                                 Programme Head of Strategic Litigation Unit

Lawyers for Human Rights                                                             Lawyers for Human Rights