A SAPS vehicle drives through Nkqubela in Robertson on Monday, 31 August. SAPS rejects allegations of indiscriminate arrests and unlawful treatment of detainees. Photos: David Harrison
At least 100 immigrants are being held in police cells in five Western Cape towns on charges related to overstaying their visas. Some have been detained for two months.
Last week, the Western Cape Coalition Against Xenophobia claimed that police had been arresting immigrants on the streets and in their homes “under the false pretence of managing illegal immigration”. “These individuals, many of whom have produced their documents to SAPS, are lawfully in the country; yet they were detained,” the coalition also said.
This followed sporadic raids since June. Those arrested come from towns including Robertson, Montagu, Ashton, Bonnievale and McGregor. Those arrested are mostly from Zimbabwe, Mozambique, Malawi and Lesotho.
The coalition said 200 people had been arrested. “In one case, a documented person was held until his visa expired and is now being deported on that basis. He will be forced to pay a fine for ‘overstaying’ to be able to return.”
SAPS did not respond to GroundUp’s questions about the total number of people arrested, how many of them had been released after paying a fine and how many were still being held in custody. But we have seen an official document dated earlier this week stating that about 100 people are still being held in the five towns.
A Zimbabwean man in Robertson, who asked to remain anonymous, said he was particularly worried about those who had been held for up to two months.
Lovemore Maporisa, a Zimbabwean community leader, was arrested in Robertson on 27 August while going to visit those who were incarcerated to take toiletries and documents to prove their status to authorities.
According to the lawyer representing him, Maporisa was charged with “being in possession of a falsified work permit”.
He made a brief appearance in court on Tuesday before the matter was postponed 10 September. He will remain at the Robertson Correctional Centre until his next hearing.
Michael Chanyamwaka was arrested on 1 June in Robertson and says he spent more than two months in custody. He told GroundUp that police had ignored his attempts to show them his documents.
“They just arrested every foreigner they saw,” he said. “They said immigration officials would verify our documents later. I showed them my passport that had a waiver receipt in it. They couldn’t understand it and instead bundled me into their van as I handed my toddler to my wife.”
Chanyamwaka said many immigrants were still being detained at the Robertson Correctional Centre and Robertson police station despite having valid papers or having paid fines.
Some immigrants are still being held at the Robertson police station.
“No one in my group was given an opportunity to request a Legal Aid lawyer. We were sentenced on 27 June to six months in prison or, alternatively, to pay a fine of R1,800.”
Chanyamwaka said he paid the fine on 27 June but was only released on 19 August after Home Affairs confirmed his waiver application. He is now demanding a refund and compensation for the time spent in custody.
When GroundUp visited Nkqubela in Robertson on Monday, 31 August, a Zimbabwean man, who asked to remain anonymous, said people were particularly concerned about Maporisa’s arrest because he had been trying to help the community. He said many of those arrested had been the breadwinners in their families.
Megan Stuurman from the Commercial, Stevedoring, Agricultural and Allied Workers Union (CSAAWU) said she visited some of the immigrants being held at Robertson Police Station last week. She said there were seven women in one small cell.
“The cell itself is in bad condition because it’s cold. If you were not sick, then you would get sick there,” she said.
Stuurman said union members and other activists are planning an anti-xenophobia event in Robertson on Saturday.
Thamsanqa Ntayi, a member of Operation Dudula in the Cape Winelands region, also lives in Nkqubela. He told GroundUp that their main concern was employment for South Africans. “If anyone comes into the country, they must have the proper documents. We are not happy that they are taking our jobs,” he said.
Asked about people with valid documents who were also arrested, he said: “We don’t care. All the foreigners must leave and come back through the proper channels.”
Thamsanqa Ntayi, a member of Operation Dudula in the Cape Winelands region, welcomed the police’s actions, saying “All the foreigners must leave and come back through the proper channels.”
Jaenrè Botha of HWJB Attorneys, who represents a dozen detainees, said it was difficult to keep up with the number still in custody because people were being deported daily. She said 29 immigrants had been deported last Thursday.
Botha said some who had paid admission-of-guilt fines were still being held.
“The fact of the matter is we’ve had people who have been incarcerated for more than seven weeks since 30 June,” she said
“We are investigating each separate case to establish lawful detention. But at least eight people are being detained unlawfully.”
Some immigrants were kept in holding cells across the Winelands, including at Robertson Police Station
Home Affairs did not respond to our questions.
Colonel Andrè Traut, SAPS provincial spokesperson, said the Station Commander of Robertson SAPS rejected allegations of indiscriminate arrests and unlawful treatment of detainees.
“A number of foreign nationals were detained at Robertson SAPS. Due to the number of detainees, assistance was also requested from four neighbouring police stations to accommodate some of those detained.
“The Station Commander has confirmed that food brought by relatives is permitted, subject to a controlled process, and that visits are allowed but managed due to the large number of family members seeking access to detainees,” said Traut.
He said the payment of admission-of-guilt fines was dealt with through the court processes. “Foreign nationals detained for immigration-related purposes are dealt with in terms of the applicable legislation and in cooperation with the Department of Home Affairs, which is responsible for immigration administration and deportation processes”, he said.
“SAPS remains committed to ensuring that everyone in its custody is treated lawfully, fairly and with respect for their dignity and constitutional rights,” added Traut.
The Nkqubela informal settlement in Robertson, where foreigners and locals live alongside each other. But it has been tense in recent months due to anti-immigrant protests.
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