Groups to protest detention of illegal immigrants

Zimbabwean exile groups are planning to protest against the South African government's decision to suspend the deportation of illegal immigrants until 15 January 2005.

Of the 1,500 illegal immigrants held at the Lindela repatriation centre outside Johannesburg, it is estimated that 900 are Zimbabweans.

In an interview with IRIN, Gabriel Shumba, a human rights lawyer and head of the Pretoria-based Zimbabwe Exiles Forum, said the suspension of deportation represented refugee persecution and was a violation of South Africa's Refugee Act of 1998; his organisation would visit Lindela and press for meetings with the government.

According to the Refugee Act, no immigrant can be held without trial for more than 30 days without the consent of a court, he said.

Shumba pointed out that the last deportations took place on 10 December 2004 and the next would be on 15 January - 36 days later - and the South African government could be taken to court for violating the rights of immigrants, as spelt out in the Refugee Act.

The government's statement that the immigrants had handed themselves over to police in order to get free transport back home was an assumption which had no legal basis, he alleged.

Daniel Molokela, coordinator of the Johannesburg-based Zimbabwe Democracy Project, agreed that the suspension of deportations was a violation of the immigrants' rights and amounted to a jail sentence.

"It appears the South African government took an administrative decision, maybe based on indications that the immigrants actually made an effort to get themselves arrested in order to get free transport back home ... we have always condemned the ill-treatment of immigrants, most of whom are genuine asylum-seekers. The South Africa government must realise the political realities in the immigrants' countries of origin before making any judgments," said Molokela.

Home Affairs Minister Nosiviwe-Mapisa Nqakula announced the suspension of repatriations when she toured Lindela after a riot by immigrants who were allegedly demanding to be deported. "There will be no free rides home - you jumped the fence; you will have to suffer the consequences. I will decide who leaves Lindela," the minister was quoted as saying.