Victory for illegal immigrants in detention case

Illegal immigrants at the Lindela Repatriation Centre in Krugersdorp West have won a court case against the Department of Home Affairs over their detention.

Lindela is the only facility of its kind in South Africa where illegal migrants are detained while awaiting deportation.

The South Gauteng High Court has ordered that no person be detained at the Lindela Repatriation Centre “for a period exceeding 30 days from the date on which that person was first arrested”.

This follows court action brought by the South African Human Rights Commission (SAHRC) together with PASSOP (People Against Suffering, Suppression, Oppression and Poverty), and 39 individuals who were detained in Lindela.

In the matter relating to the illegal detention of immigrants against the Department of Home Affairs, the complainants argued that “Lindela’s practices regarding detention at the facility are unconstitutional and in contravention of the Immigration Act 13 of 2002”.

The court ordered that the centre “without delay, cease all practices that result in non-compliance with the Immigration Act, such as those experienced by the individuals in this matter”.

The order stated that the SAHRC be given full access to the centre on a regular basis and that “regular reports on the number and status of detainees at Lindela be issued”.

Isaac Mangena from the SAHRC says illegal migrants who are among the complainants detained at the centre while awaiting deportation were detained for longer than 30 days without the required warrant from a magistrate.

In a statement the SAHRC says this is a victory for migrants in South Africa.

“This re-affirms our commitment to protecting the rights of vulnerable members of our communities, including those coming from outside. It also serves as a stern warning to the Department of Home Affairs to comply consistently with the rights of detainees,” the statement reads.