The Citizen (KZN)

Detention of foreigners lawful – court

- Vhahangwel­e Nemakonde

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.

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