Home affairs studies Lindela detention ruling

Johannesburg - The home affairs department was on Friday studying the South Gauteng High Court in Johannesburg's ruling that detaining migrants for an extended period at the Lindela Repatriation Centre is unlawful and unconstitutional.

"The department has noted and is studying the judgment," spokesperson Mayihlome Tshwete said in a statement.

The department would comment further once it had decided on a way forward.

On Thursday, the SA Human Rights Commission said the court had ruled in favour of People Against Suffering, Suppression, Oppression, and Poverty (Passop), and 39 individuals detained at Lindela.

The SAHRC and other applicant organisations argued that Lindela's practices regarding detention at the facility were unconstitutional and in contravention of the Immigration Act.

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

The commission's spokesperson Isaac Mangena said the individuals in this matter had been subject to inhumane treatment, including being detained for longer than 30 days without the necessary magisterial warrant permitting extended detention, experiencing a miscalculation by the home affairs department on the start of the 30-day period of detention, the failure of Lindela officials to follow fair procedure, and keeping migrants in detention for longer than 120 days.

The court ordered that the home affairs department ensure that no person was detained for a period exceeding 30 days from the date on which that person was first arrested.

Dan Danukdhari 2014-08-29 06:17:51 PM
The human rights commission must reliase all these words in the accronym PASSOP is the reason these people are in our country,so send them back,who is going to suffer,these people are at the mercy of our country and its tax payers
Bento Maepa 2014-08-29 06:23:38 PM
These are the people who told government that 'if you send one back a hundred of us will come back' - essentially giving government the middle finger. Tighten entry at the borders.
Julson Molefe Molefe 2014-08-29 07:28:37 PM
Lindela is just another concentration camp designed only for African people while the real foreigners from Europe and Asia and the West are left to enjoy in our expense because of their light skin the very people that devided and ruled Africa with an Iron Fist
Joe Ndlovu 2014-08-29 08:23:05 PM
AFRICA IS FOR AFRICANS so why are u complaining
Amanda Pui 2014-08-30 01:05:11 AM
Thank you very much , Mambo Jambo ... same thing , I said about south Africa having useless law... now an illegal immigrant has got some rights so u can't just send them back but look after them...lol...This world belongs to every body and No one owns it....If u want to send foreigners away ; start from bringing back the black Americans and send all these red neck Caucasians back to Europe or where ever...If you can't Do that , then you should all shut up...!!!!!!
Lydia Mashaba 2014-09-09 08:32:06 PM
I know is wrong to be here illegally but let's lindela treat people like human not animals let them stay for a month not more that I think is fair and give them meal and stop abuse after all they are human they are here to provide for their families after all we all created by gods image shutdown lindela and give people work permits easir I think illegal imigrants will be less