Musina - Mulai is a Zambian girl, just three months old, whose parents
are refugees in South Africa. She sleeps facedown on a rag, protected
from the unforgiving Limpopo sun by a threadbare, dirty and rickety
tent.


She is the youngest of 23 children, most of whom were born in South
Africa to refugees from Zambia, the Democratic Republic of Congo and
Burundi.


The border town of Musina has been their new home for the past week,
as the refugee families – many the victims of violent outbreaks
xenophobia – ponder a move from South Africa over the border to South
Africa`s northern neighbour, Zimbabwe.


Earlier this week some of the children had been hard-hit by diarrhoea
and rushed to a clinic in Musina. The stronger ones like Mulai (not
her real name), spend their days napping, while the older ones play at
a nearby tap, oblivious to their predicament and possible departure
from South Africa.


The shelter they have currently is provided at a camp founded by
Bishop Simon Sithole, located a few kilometres from the Beitbridge
border post.


But while the children frolic and doze, there are no such luxuries for
the adults in the seven families of immigrants. The men are restless
and constantly holding multi-lingual meetings at the far edge of the
wobbly tent. Hushed voices and gestures characterise these meetings,
because loud voices would awaken the sleeping tots who are said to
have had a decent meal "many days ago".


The seven immigrant families had become an almost permanent feature in
Pretoria central where they had camped outside the United Nations High
Commission for Refugees for around two years. That was up until
Christmas when a series of events saw the group uprooted and make the
long trek to Musina in the hope that Zimbabwe may provide a safer,
more accommodating haven.


Proud father of eleven, Zambian Alex Masuka has assumed the unenviable
task of leading the group of almost 40 refugees and asylum seekers of
all ages. The group walked some 50 kms from Pretoria, to an area near
the Pumulani Plaza, en route to Limpopo before they were transported
by a local charity the rest of the way to Musina.
"We were surrounded on December 19 by different police units while we
slept outside the UN offices," Masuka said this week. "The police took
our documents and verified them with home affairs. They brought them
back and agreed that we are not in this country illegally.
"Moments later, still in the Pretoria central police station, the
officers used a lot of force and beat most of us. Our women received
the harshest beating. My son Paulsen asked a policeman why he was
beating up his mother and he got slapped. They threatened to break his
neck in the police station."
Emmanuel Zigashane, from the DRC and Burundian Uwimana John, too
narrate their experiences of assault inside the police station.


The police action followed court processes after private companies,
Tiespro 230 and Smada Properties, which own and manages the UN
building in Pretoria, approached the High Court in Pretoria seeking an
order compelling the home affairs department to determine the basis
"upon which the first respondents (immigrants) are in the
country".


The property companies were also seeking an order directing home
affairs to have the refugees and asylum seekers "relocated to either
Lindela Repatriation Centre or the Tshwane interim refugee reception
office within seven days".


In court papers, Smada Properties` Eileen Campodonico said the
foreigners were camping at the Metro Park building because they
believed that they could not be be arrested or deported while at the
diplomatic centre, as "most, if not all, of their refugee

statuses
were rejected" by home affairs.


But the immigrants insist their stay in South Africa is sanctioned and
that is why home affairs and police were not allowed take them into
cells or to Lindela. From their underwear, they produce refugee
identity cards and asylum permits issued by home affairs to counter
Campodonico`s assertions.


Campodonico stated that the migrants were consistently violent and had
posed health hazards since they had no ablution services outside the
UN premises. She recounted numerous incidents where she said the
immigrants attacked security guards, forcefully entered the centre or
protested outside, waving placards.
"It is the (home affairs) department`s inaction and lack of initiative
which allows for the untenable situation with the first respondents
(migrants) to continue unabated. The majority of the (migrants) are
illegal immigrants who, due to their statuses, cannot work or live in
South Africa," Campodino told the court in her founding affidavit,
seeking the refugees` eviction from the UN centre.
On December 17, High Court Judge Lettie Molopa-Sethosa made an order,
instructing the Tshwane Metro Police Department, the SA Police Service
and the department of social development "to assist the second
respondent (home affairs minister) in implementing and giving effect
to its powers under section 41 (1) of the Immigration Act, 2002 in
respect of all persons camping outside the Metro Park Building".


Masuka said what followed the court ruling was a joint operation by
police units, characterised by brutality, inhuman treatment and
assault.


"At night, the police came to take us into a truck. They said they
were taking us to a shelter. For more than an hour, they drove around
Gezina. The truck was closed and there wasn`t sufficient air inside.
We had our children with us. They then told us that they can`t find a
shelter for us," said Masuka.


"They later drove us to Saulsville Sports Arena. We got there around
2am on December 20. They left us in the open, with literally nothing.
In the afternoon, UN officials we know as Marianna and Pamela brought
us food."


The immigrants claim that when they were moved from Metro Park, they
left all their belongings and the property was taken by the Tshwane
Metro Police.


"Our blankets are gone. Some of us had new blankets. All the food we
had was no longer there. The metro police told us to leave their
premises, they say if we resist, they were calling for reinforcements
to come and beat us. They told us to go back to our countries," said
Masuka.


After subsequent confrontations and skirmishes around Pretoria
central, the migrants set out, walking towards Zimbabwe. Two days
later, non-governmental organisation Action Support Centre (ASC) got
in touch with aid organisation, Gift of the Givers and transport was
then provided for the long trip to Bishop Sithole`s shelter in
Musina.


ASC community liaison officer Pretty Ncube said she would be visiting
the group, to listen to their individual complaints. Her organisation
was involved in creating cordial relations between South African
citizens and immigrants in light of the xenophobic and frequent
service delivery protests often witnessed in South Africa.


The place the migrants used to call home in Pretoria, outside the UN
offices, has now been sealed with barbed wire and police tape. There
is no going back there.
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On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

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Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
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