South Africa: Police Deny Immigrants Right to Appear Before a Magistrate

Source: Allafrica.com, 14/08/2015

On 13 August 2015, Potchefstroom police station cells security officer
Buisanang Malefane told GroundUp on the phone that Malvern and
Hamilton Mugwagwa, who are in their custody, have no right to appear
before a magistrate because they are unlawfully in the country. They
were arrested on 5 August 2015 at a roadblock in Potchefstroom on
their way from Cape Town back to Zimbabwe.


The two Zimbabwean men are brothers. Malvern is suffering from wounds
in his legs. When GroundUp asked if the two men had appeared yet
before a magistrate, and if Malvern had been given medical help,
Malefane said: "They are illegal immigrants. They should not appear
before the magistrate. We are waiting for the immigration officers to
come and take them to Lindela for deportation."


The officer added, "I am not going to allow you to speak to him on the
phone. I can provide you with information about him if you request. I
am aware he is sick and was admitted at the hospital, but he is back
to his cell. Here is Home Affairs telephone, ask them why they are
still not deported."


Malvern's wife told GroundUp that he had overstayed in the country. He
came to South Africa in 2014 through Beit bridge.


On 9 August Malvern phoned her at work and spoke hurriedly, saying he
was not allowed to call but that she should borrow R2,000 from friends
to pay for his fine.


Days later, Hamilton phoned to tell her her husband was ill.


"Malvern is suffering from wounds which are all over his legs," says
his wife. "The condition gets worst when it is cold. I only managed to
send R800 [deposited in their shared account]. My cell phone banking
shows he did not withdraw the cash yet."


Wayne Ncube of Lawyers for Human Rights said according to both the
Constitution and the Immigration Act detainees charged with any
offence should appear before a magistrate within 48 hours. The
Immigration Act stipulates a maximum detention period of 30 days. He
stressed that at times the cases get complicated and the law might not
be applied. He then cited the recent Western Cape urgent court
application case of Febbie Chidhakwa and two others versus the
Minister of Police. In the case, Judge Dennis Davis will assess the
rights of illegal immigrants in terms of the Immigration Act versus
the Department of Home Affairs' obligation to enforce the law.