NATIONAL COUNCIL OF PROVINCES
FOR WRITTEN REPLY
QUESTION 297 / CW396E
DATE OF PUBLICATION: Friday, 08 June 2012
INTERNAL QUESTION PAPER NO 16 of 2012
Mr D B Feldman (COPE-Gauteng) to ask the Minister of Home Affairs:
(1) Whether the Lindela Refugee Centre has become the hub of alleged
institutional xenophobia and violation of refugee rights in
contravention of the Immigration Act, Act 13 of 2002; if not, what is
the position in this regard; if so, what are the relevant details;
(2) what are the reasons for the increased reports of (a) extended
detentions of suspected illegal refugees, (b) tear gassing of inmates,
(c) refugee protests and (d) re-arrests of refugees being housed at
Lindela;
(3) what is the countryâs (a) policy and (b) reason for repatriating
those refugees who oppose their repatriation back to countries they
escaped from;
(4) whether the country is losing approximately R150 million each year in
lawsuits against the Government for various abuses on inmates; if not,
what is the position in this regard; if so, what are the relevant
details;
(5) why are State functions at this centre being outsourced to a certain
company (name furnished) when the Government has the duty to protect
the rights of immigrants and asylum seekers?
CW396E
REPLY:
1) No. Lindela is a transit for those who are waiting to be sent
back home. Some deportees refuse to cooperate with this process
which prolongs their detention as a result of their actions.
(2)(a) to (d) Only persons who have been confirmed to have no legal
basis to be in the RSA are taken to Lindela. Some deportees
refuse to cooperate with this process which prolongs their stay
as a result of their actions. Cases of crowd disturbances are
attended to and resolved with minimum force and teargas is not
utilised.
(3)(a)&(b) In terms of section (2) of the Refugees Act, 130 (Act No 130 of
1998), as amended, refugees may not be deported from the RSA
until their applications for status in the RSA have been
considered and finalised. The RSA is also a signatory to the
1951 United Nations Convention on Refugees which clearly defines
the rights of refugees.
(4) No. The Department of Home Affairs has not lost any claims /
lawsuits in respect of the wrongful arrest of illegal foreigners
detained at the Lindela Repatriation Centre for the purpose of
deportation.
(5) The company concerned only provides catering, security and
accommodation at the Lindela Repatriation Centre on behalf of
the Department of Home Affairs. Asylum seekers rights are
protected by government.