Video shows an officer apparently dismissing the existence and extension of the ZEP even after being informed of the home affairs directive.
Police officers arrest illegal immigrants during a raid at Small Street Mall in Johannesburg, Picture: Gallo Images
Some of South Africa’s law enforcers tasked with illegal immigration are abusing legal immigrants because they don’t understand the documentation provided, according to experts.
The experts were reacting to a video in which an Emalahleni municipality police officer is seen shouting at a Zimbabwean national who produced a Zimbabwe Exemption Permit (ZEP), a residence document whose validity has been extended by the department of home affairs.
Emalahleni officer shouted at Zimbabwean with valid ZEP permit
In the video, the officer does not appear to understand the extension of the ZEP permit.
ZimCommunitySA spokesperson Bongani Mkwananzi said: “We strongly condemn the harassment, humiliation and intimidation of migrants in South Africa.
“The video raises serious concerns about the level of immigration law knowledge among officials entrusted with enforcing South Africa’s immigration laws.
“Most concerning is the apparent dismissal by a senior police officer of the existence and extension of the ZEP, even after being informed that its validity had been extended through a directive issued by the department of home affairs under Minister Leon Schreiber, including the current Directive 21.”
Mkwananzi said the apparent taunting of the affected migrant by another officer is equally disturbing.
He called on the department to make sure that police and immigration officials were properly briefed whenever directives affecting migrants were issued or amended.
Call for police and law enforcement to be properly briefed
“A lawful status must be capable of being reliably recognised by the very officials responsible for enforcing immigration law.”
He added there was a dangerous and persistent public misconception that every foreign national is an illegal immigrant.
“South Africa has millions of foreign nationals who are lawfully present under various visas, permits, exemptions and other forms of authorisation. Nationality is not a determination of immigration status.”
He added that an officer’s unfamiliarity with a directive does not invalidate that directive, nor does it give an official licence to ridicule or intimidate a person asserting their lawful residency status.
The ZEP experience also exposes a serious structural problem.
“We have received reports of migrants being asked for money by unscrupulous actors, including allegations involving persons presenting themselves as members of law enforcement structures.
ZEP experience exposes serious structural problem
“Such allegations must be properly investigated, as well as the conduct depicted in the video should be investigated as well.”
Prof Witness Maluleke, senior criminologist at the University of Limpopo, said the enforcement of immigration laws by officials should be executed within the ambit of the law without infringing on anyone’s rights.
The Zimbabweans in question should be respected at all costs, they should not be victimised. Clear communications between the department of home affairs and the police should be always enhanced.
“The application of the law should not be undermined, irrespective of country of origin. It should be fair and impartial, with greater respect to the human’s rights, including visitors from other countries.
“The incompetent officers should not be allowed to practice or apply the law at the expense of other individuals’ rights. As a result, internal investigations should be initiated against the responsible official.”
Mike Bolhuis, a specialist investigator, also criticised the police officer.
Ignorance is no excuse and officials must be retrained
“They would have come with a document that specifically states this is the possible trespassing and these are the possible consequences. These are your rights and this is what the law says.
“Ignorance is no part of the law. It does not allow you as an official in any capacity in our government to be unkind or inhumane and not considerate, because your main job is to protect and serve.”
Willem Els, senior criminologist from the Institute for Security Studies, said: “This is clearly a lack of training, a lack of understanding of these officers and it’s embarrassing to see.
“Also it is alarming to see that level of incompetence and I see that person on the video is quite a senior official, so to not know their own regulations is something else.”
Els said police officers were supposed to familiarise themselves with the immigration regulations and understand everything before they conduct inspections.
He said the minister of home affairs had to look at a reset by retraining and reskilling officers and management.
