Courts ‘fail in handling crime by paperless migrants’
Gauteng provincial police commissioner Lt-Gen Elias Mawela has lamented the manner in which the government is dealing with undocumented migrants who are reportedly arrested but then later released.
Mawela was called by the Gauteng legislature’s portfolio committee on community safety to explain police plans to deal with the high levels of crime in Diepsloot.
Mawela told the committee on Tuesday that the Diepsloot community has repeatedly complained about undocumented migrants, who they said were involved in crime in the township.
“When [undocumented migrants] appear before court, the majority of them pay their fines and return to the community. In a way, by taking those people through the court process, you are legitimising their status in the country,” Mawela said.
In the past, when police arrested undocumented migrants, they would end up being deported. That, Mawela said, had a dampening effect on the levels of crime in Diepsloot.
“But when undocumented people realise there is a loophole in the court process, they don’t mind [being arrested]. They feel it is better to be arrested, go through the court process and then you are legit in the country,” Mawela said.
YOU ARE THEN BEING GIVEN AN OPPORTUNITY TO GO AND APPLY FOR ASYLUM STATUS. YOU ARE THEN LEGIT IN THE COUNTRY
“Another loophole that undocumented migrants exploit is that once you have appeared before court, you can say ‘actually, my lord, I’m here for asylum purposes’. You are then being given an opportunity to go and apply for asylum status. You are then legit in the country.
“This is something that requires the lawmakers to correct. We as police have done our part,” he added.
From April to September, police arrested 736 undocumented migrants.
Mawela also lashed out at locals in Diepsloot who provide rooms and shacks for the undocumented migrants and generate income through the rentals.
Crime has reached levels of great concern in Diepsloot, with the result that community members take the law into their own hands.
Earlier in December, seven people were killed in two separate incidents of alleged mob justice. The community had accused the seven of terrorising the area. Police arrested five people for their alleged involvement in the attack.
In a report presented by police to the portfolio committee, statistics showed that from April to June 2023, murder cases increased from 15 to 19 compared to the same period in 2022; attempted murder also increased, from 19 to 24; assault with intent to do grievous bodily harm, Diepsloot’s most common crime, increased from 171 to 206 cases; common assault cases increased from 131 to 181; and robberies with aggravating circumstances increased from 80 to 96.