Zimbabwean refugees: DA raises questions over Home Affairs policy
Zimbabwean refugees are suffering the brunt of the Department of Home Affairs' notoriously dismissive attitude towards the law and towards human rights. The DA understands and supports the need for an accurate population register, and control of the influx of illegal migrants. However:
Zimbabweans applying for temporary residence permits are being forced to forgo their status as asylum seekers. Thus, if their applications for permits are unsuccessful, they will be classified as illegal immigrants and will face deportation. This is directly contrary to the landmark judgment in Dabone and Others v Minister of Home Affairs and Another, 2008 , in which the Cape Provincial High Court ruled: "The Respondents will henceforth (and in relation to pending applications) no longer require that an asylum seeker cancel his or her asylum seeker temporary permit issued in terms of Section 22 of the Refugees Act 130/1998 in order to apply for permanent residence in accordance with Section 26 and/or Section 27 of the Immigration Act 13 of 2002 ... ".
Zimbabweans have been forced to incur enormous cost and inconvenience in order to provide their passports when applying for residence permits. The Honourable Mr Justice Blignaut ruled, in the case cited above: "The Department will henceforth (and in relation to pending applications) process applications by asylum seekers or refugees for temporary residence permits or for the amendment thereof, without requiring the production of a valid passport by any person applying for such permit." The Department of Home Affairs issued an internal circular instructing compliance with the above judgment on 18 April 2008. Not only is it ignoring a court order, but it is also ignoring its own internal instructions, to the detriment of many thousands of people.
Lawyers for Human Rights have received reports of Zimbabweans going to police stations for information on the amnesty process, and being summarily charged and arrested for being in the country illegally.
The DA has already raised questions for written reply by the Minister in this regard.
South Africa is a signatory to the United Nations Convention and Protocol Relating to the Status of Refugees. As such, the country has undertaken to respect the human rights of refugees and of those seeking asylum in our country. South Africa continues to be the country that receives the largest number of asylum applications in the world, with 222 000 applications submitted in 2009 alone.
The task of managing the refugee influx in a manner that does not compromise human rights and, at the same time, does not threaten national security, is enormous, with clear policy and legislation imperatives. South Africa has no migration policy in place, and, while it has legislation in place, the Department of Home Affairs far too often blatantly ignores this law, and, in doing so, blatantly ignores human rights entitlements.
The DA will continue to use all the tools at its disposal to pressure the Minister and her Department to place their commitment to international instruments of protection, to the rule of law and to national security at the forefront of their agenda.
Statement issued by Annette Lovemore MP, Democratic Alliance Shadow Minister of Home Affairs, November 10 2010
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