NATIONAL ASSEMBLY
FOR WRITTEN REPLY
QUESTION 3118
DATE OF PUBLICATION: Friday, 09 November 2012
INTERNAL QUESTION PAPER NO 39 of 2012
Mr G B D Mc Intosh (Cope) to ask the Minister of Home Affairs:
(1) What rights do arrested asylum seekers (a) have or (b) donât have
once they are placed at Lindelani Holding Centre for Refugees;
(2) whether she has found that those rights or limited freedoms comply
with the Office of the United Nations High Commissioner for Refugees
(UNHCR) Charter on refugees and asylum seekers; if not, why not; if
so, (a) how are they implemented, (b) by whom are they implemented,
(c) how many resident officials of the various rights departments are
stationed at Lindelani for this purpose, (d) what systems are in place
to monitor the observance of these rights, (e) to whom are any matters
of violations of these rights reported and (f) by whom are they
investigated;
(3) whether she has been informed of any reports of transgressions of the
rights, wellbeing and welfare of the refugees held at Lindelani or who
are in transit; if not, what is the position in this regard; if so,
what are the details of the specified reports which the Minister has
acted upon in the past five years?
NW3944E
REPLY:
1) Asylum seekers are not detained at the Lindela Holding Facility.
This facility is only for the holding of illegal foreign
nationals who have no lawful basis to be in South Africa and
they are awaiting deportation. Asylum seekers on the other hand
are awaiting a decision on their application for Refugee Status
and therefore have temporary lawful status in South Africa and
cannot be arrested or detained.
(2)(a) â (f) Not applicable, as asylum seekers are not detained at
Lindela. The screening process at Lindela ensures that all
foreigners who are placed there for deportation, have their
residential status in South Africa properly investigated and
confirmed as being illegal foreign nationals. Once an illegal
foreign national is arrested by the Inspectorate Unit of the
Department, a full interview is conducted and checks are done on
Departmental systems to ensure that the foreigners do not have
any pending applications or status.
(3) No. Refugees are not held at Lindela. Refugees have lawful status in
South Africa and therefore cannot be detained for deportation
purposes.