Detention of foreigners lawful – court
The High Court in Johannesburg has dismissed an application by six foreign nationals to declare their detention at the Modderbee and Boksburg correctional centres unlawful and against immigration and refugee Acts.
Degefa Sugebo Lembore, Teketel Tumire Hajiso, Temesgen Matiwos and Thomas Godiso from Ethiopia and Aden Ahmed Osman and Abdi Osman Yusuf from Somalia, were arrested for allegedly entering and staying in SA in contravention of the Immigration Act.
They had lodged an application on an urgent basis, seeking to interdict Home Affairs Minister Aaron Motsoaledi, Minister of Justice and Correctional Services Ronald Lamola and the two centres in which they were held, from detaining, prosecuting and deporting them until their status had been lawfully and finally determined in terms of the Refugees Act.
They also sought declarators that they were entitled to remain lawfully in SA until their applications for refugee status were determined in terms of the Act.
The Ethiopian nationals told the court they were persecuted by the ruling party in their country for their political and religious beliefs due to their mobilisation efforts as members of the oposition Ethiopia People’s Revolutionary Party.
They alleged the ruling party had terrorised, persecuted, tortured and killed members of their party, including their family members. This caused them to fear for their lives and led to their escape to seek refuge in any country.
They left Ethiopia on different occasions and passed through Kenya, Zambia, Malawi and Zimbabwe. They allegedly entered South Africa unlawfully through the Zimbabwe border.
They argued that instead of entering through an official port of entry, they “jumped” the border because they were not in possession of passports and feared being arrested and deported.
Before they could apply for asylum, they were arrested and tried in vain to explain to the arresting officers that they were asylum seekers and wanted to be given an opportunity to apply.
Osman and Yusuf also told the court they fled Somalia as a result of bombing incidents by terrorist organisations.
While they do not remember the dates they escaped their country, they used the same path as the Ethiopians. They were arrested last September.
In its judgment, the court declared their detention lawful, saying it did not violate Section 2 of the Refugees Act 130 of 1998.
The court also found that in all instances, the immigration official conducting the interview found the applicants had failed to show good cause regarding their illegal entry into the country.