Undocumented Zimbabweans detained while trying to return to their country

Source: Groundup, 08/09/2016

Nine Zimbabweans arrested on their way home to Zimbabwe have been held
since 21 August in police cells in De Aar as "illegal foreigners".
Home Affairs says it's the law
The Zimbabweans were travelling home in a minibus taxi . One of the
nine was separated from his three children and pregnant wife, who were
allowed to continue their journey.


Those who were not detained waited for three days outside Hanover
police station for the release of their travelling companions. One
woman became dehydrated and fainted several times. She later died
after they crossed the border. Masvingo Central Police Station
confirmed the death of the 35-year-old woman as a result of natural
causes.


The detained Zimbabweans appeared in Hanover Magistrate Court on 25
August.


GroundUp spoke to Tafadzwa [not his real name], a co-driver of the
minibus. He says the magistrate released them, saying that the Hanover
police station was under-resourced and there was no need to detain
people who had their own transport and who were already travelling
back to their home country.


Under the impression that they were free, they returned to the police
station to collect their phones and belongings. Tafadzwa called his
wife in Cape Town, informing her that they had been released and they
were on their way back home.


But once inside the police station, Home Affairs officials said they
were detaining the Zimbabweans. They were told they would be kept for
up to three months and then transferred to Lindela Repatriation
Centre.


The Hanover police however refused to take them into custody. Home
Affairs officials then took them to a police station in De Aar. The
station commander at first refused to take them in. The Home Affairs
officials called their superior who arrived in haste.


According to Tafadzwa: "He told the chief commander that he has
authority over a court ruling and he will leave us inside the
cells."


Speaking from a De Aar police cell, he said the detainees had not
seen the Home Affairs Officials since 25 August and had been in the
cells for the past 15 days.


"The living conditions are horrible. The toilets are stinky and
broken. I am sick. Taking medication without eating proper food seems
to be worsening the condition. We only get two slices of bread, three
times a day with black coffee. Sometimes we get rice, but it is hardly
edible. It is too watery," he said.


Tafadzwa`s wife says she is getting angry calls and Whatsapp texts
from people that had sent goods with her husband.


Tafadzwa is the only one with the right addresses for the
luggage.

Some of the bags have gone missing and some of the
goods are being held at Beitbridge border post because the owners who
have to pay the import duty are still detained.


Lieutenant Colonel Dimakatso Mooi, Provincial Corporate Communication
for the Northern Cape South African Police Services said: "The people
in question were arrested by Home Affairs and were detained at De Aar
Police Station on 21 August 2016. Detention warrant was issued for
them hence they are still in custody."


She refused to comment further.


According to Home Affairs Media Liaison Officer Thabo Mokgola, the
officials acted within the law. He said: "In this instance, these
illegal foreign nationals were released by the courts without
administrative processes undertaken to determine their continued stay
or travelling in South Africa. They were transferred to De Aar and
detained as illegal foreigners and served with all documents as
prescribed in section 34 of the Immigration Act."


He said, "We are in the process of releasing those whose passports
will be presented to officials of the Department."


He quoted the act: "An illegal foreigner who has satisfied an
immigration officer that he or she will depart from the Republic …
shall be ordered by that immigration officer … to depart from the
Republic within a period of 14 days of having so been ordered."