A former domestic worker from Tembisa was awarded R180 000 in damages after being unlawfully detained with her baby for 72 hours two years ago.
On September 27, the Pretoria Regional Court declared that Selina’s* arrest and detention were unlawful and directed the minister of police and national commissioner of police to pay damages.
“The magistrate stated that this amount did not in any way measure the amount of pain and trauma suffered by Selina and her daughter,” Faith Munyati of Lawyers for Human Rights said.
Apparently her ordeal began on July 7, 2015, while she was walking on Stasie Street towards Birchleigh Railway Station in Kempton Park.
Upon her arrival at the station, she was stopped by two police officials and was asked where she was coming from and where she resided, said Munyati.
She told them she was coming from work and was returning to her home in Tembisa. The officers requested that she identify herself, whereupon she produced a valid certified copy of her asylum seeker permit.
“The officials acknowledged Selina’s permit was valid, but alleged that the commissioner of oaths stamp had expired. She was arrested and told she was being charged for being an illegal foreigner,” Munyati said.
Selina had fled her country of origin due to political persecution in 2010 and applied for asylum at the Marabastad Refugee Reception Office. She was issued with a temporary asylum seeker permit and had renewed it periodically as required.
“Selina’s arrest was unlawful and the police officials’ conduct in charging her with being an illegal foreigner after they had acknowledged her documentation was valid, was unreasonable,” Munyati added.
During the drive to the police station, one of the officials requested that Selina give them her money to buy chickens. Selina informed them that she did not have any money. The official responded by informing Selina that if she gave her the money, she would be released.
Munyati said when Selina arrived at Tembisa Police Station, she informed the official on duty that she was still breastfeeding her eight-month-old baby. She also informed them that the baby was at a crèche waiting to be collected by her.
The police officials told Selina to call someone to bring the baby to her.
Selina’s husband arrived with her original asylum seeker permit and baby, but still she was not released. Instead, the police instructed her to care for her baby in the police cells, which were occupied by numerous other detainees – an ordeal which lasted for 72 hours.
“The immigration official’s conduct was unlawful and amounted to a violation of the verification guidelines stipulated in the Immigration Act. As a result of the unlawful detention, Selina’s baby developed a terrible cough because of the large amount of dust and lack of ventilation in the holding cells. The cough was not attended to,” Munyati said.
On July 10, 2015, human rights lawyers approached the high court, requesting the urgent release of Selina and her baby from the Tembisa Police Station. Her detention was declared unlawful and the request for her release was granted.
Subsequent to her release, Selina went to her place of employment on July 13, 2015, where she earned R2 200 a month. Her employer informed her that she was unable to continue working there because she had been charged with a criminal offence. Her employer said she could no longer trust the validity of Selina’s immigration documentation and the lawfulness of her stay in South Africa.
Selina’s arrest and detention rendered her an untrustworthy person in the eyes of her employee.
*Selina is not her real name. Her identity was hidden because the case included a minor.
