DA calls for Minister to urgently table a plan to address human rights violations at Lindela Repatriation Centre

12 October 2014

The DA is deeply concerned that the ensuing violence at the Lindela Repatriation Centre shows no signs of ending.  As such the DA will call on Chairperson of the Portfolio Committee on Home Affairs, Buoang Mashile, urging the Minister to account and table a plan to put a halt to the violence taking place at the Lindela Repatriation Centre and what his plans are to deal with the systemic problems with repatriation centres like this one.

This comes as group of 25 Nigerians ended their hunger strike at the Lindela Repatriation Centre after a brutal attack on them allegedly at the hands of security guards (see M&G report). 

The Lindela Repatriation Centre is a holding area for illegal immigrants awaiting deportation to their home country. It has become a sight of regular human rights violations.

In terms of the Immigration Act, suspected illegal immigrants may not be held without a warrant and may not be held for a period longer than 30 days. The Act only provides for an extension of this period for a further 90 days, if necessary, with a valid court order.

A recent High Court ruling in a case brought by the South African Human Rights Commission (SAHRC) is yet another example of the department's failure to uphold the law and to respect human rights.

The Court held that:

Dozens of people were arrested illegally and held for a period longer than is allowed in the Act;

That no warrants were secured from a court before arresting suspected illegal immigrants;

That officials in the department went to the extent of presenting fraudulent warrants to justify their actions; and 

That the actions of the department were both illegal and unconstitutional.

The Department of Home Affairs has in the past acted in an illegal and unconstitutional manner. In February 2000, in a separate action, the Court ordered that no person may be held at the Lindela Repatriation Centre beyond the prescribed period allowed in law.

The Constitutional Court recently ruled against the Department for attempting to deport a Botswana citizen who possibly faced the death penalty for crimes that he accused of committing in his home country. Again, the Court stressed that the South African Government has an obligation to respect the human rights of all persons in South Africa, regardless of their nationality.

Despite all of these court orders ordering the release of immigrants, the department continues to act with absolute impunity and arrests foreigners daily without following due process of the law.

We cannot allow the Department of Home Affairs to act above the law. 

The DA will do everything possible to ensure that all people in South Africa are treated with dignity and respect within the limits of our laws. Minister Gigaba must explain how the rule of law will be reinstated at Lindela. 

Statement issued by Haniff Hoosen MP, DA Shadow Minister of Home Affairs, October 12 2014

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