MEDIA ALERT: LHR to Challenge Constitutionality of Immigration Detention laws

Lawyers for Human Rights (LHR) will appear in the Constitutional Court tomorrow (Tuesday 8 November 2016) to challenge the constitutionality of the provisions of the Immigration Act relating to detention. 

Currently, the Immigration Act provides that someone found to be an “illegal foreigner” without documentation to remain in South Africa may be detained for 30 days by an immigration officer without a warrant plus a further 90 days with a warrant issued in chambers by a magistrate.  At no point is a detainee brought in person before a court to explain why he or she should not be detained. 

In February 2016, the Provincial Division of the Gauteng High Court (Pretoria) found that section 34(1) of the Immigration Act was unconstitutional as it did not provide for court oversight of detention as required by section 12(1) of the Constitution of the Republic of South Africa, 1996.  This finding was subject to confirmation by the Constitutional Court. 

LHR has presented evidence collected over its 10 years of monitoring immigration detention at police stations, prisons, international airports and the Lindela Holding Facility regarding long-term detentions, asylum seekers and refugees caught up in deportation proceedings and the failure of the Department of Home Affairs to inform detainees of their rights.  

For more information please contact Sharon Ekambaram, Refugee and Migrants Rights Programme Manager on 011 339 1960 or Carol Mohlala, Media and Communications Manager on 079 238 9826