Refugees unlawfully detained at Lindela despite court order: lawyers

The unlawful detention of foreign nationals at the infamous Lindela Repatriation Centre continues despite a court order.

The court order states Home Affairs must take “all steps reasonably necessary or appropriate” to ensure that no person is detained for longer than 30 days without a warrant. The Legal Resources Centre said they are deeply concerned by the “flagrant disregard of the court order”.

Recently LRC came to the aid of a 22-year-old Congolese man‚ Mr E‚ who had spent longer than 30 days behind bars without a warrant.

LRC secured an order from Judge Fritz Van Oosten that resulted in the man's immediate release and prevented him from being arrested whilst his asylum claim is considered.

Mr E's application was one of five urgent cases on the Joburg High Court's roll related to immigration detention last week. After fleeing the Democratic Republic of Congo last year fearing political persecution Mr E arrived in SA to apply for asylum status but was turned away because he did not have R500 “for his papers”.

This is not required under the Refugee Act. Many of the foreigners sent to Lindela do not even get a chance to defend themselves when arrested‚ prompting legal aid organisation Lawyers for Human Rights to challenge the constitutionality of certain sections of the Immigration Act.

LHR's David Cote said detainees‚ arrested by immigration officers‚ currently can't make representations in person before the magistrate to challenge their incarceration‚ but that the Constitution does give this right. “Our application will ensure that immigration detainees are also covered by these provisions‚” said Cote.

He added that evidence in a series of applications showed that non-compliance with the protections under the Immigration Act was rife.

In an affidavit before the Pretoria High Court LHR said hundreds of foreigners were unlawfully held at Lindela and at police stations. “We are in court practically every week‚ or every second week‚” said Lawyers for Human Rights' Wayne Ncube.

“We have noticed that many people are being held at police stations for a long time before going to Lindela. The police cells are not equipped to hold people for long amount of time.” Ncube said that the aim should be to deport or release a foreign national by the 25th day of custody.