Unlawful Detention of Immigrants in South Africa: A Harrowing Experience

Two immigrants who were working at a restaurant in Mowbray, Cape Town, experienced a traumatic event when they were confined in the holding cells at the Mowbray Police Station for three weeks.

Arrested for Lack of Valid Documents

On 13 July, ten immigrants were arrested in a raid due to a lack of valid documents. Among the arrested were a 32-year-old Nigerian woman who worked as a cook at the restaurant and a 41-year-old Zimbabwean man who was a manager in the same establishment.

Sudden Release Without Explanation

After being detained in police custody and awaiting deportation, they were suddenly released on 11 August without explanation. This harrowing experience left these individuals traumatized, shining a light on the realities faced by immigrants in South Africa.

Traumatic Experience in Police Custody

The Nigerian woman was found lying on a thin mattress covered by a grey blanket in a concrete cell, exuding the pungent odor of urine. She recounted her ordeal, lamenting, “I didn’t hurt or kill anyone, but I’m treated like a criminal. No bathing, seldom eating, and no brushing of teeth. It was very hard for me.”

Her Zimbabwean colleague shared a cell with four other men, describing the dire conditions they endured. They were given three meals on some days and only two on others.

Violation of Rights and Inhumane Conditions

He also recounted an incident during a court appearance where he was placed in a holding cell with Pollsmoor prisoners. They proceeded to steal his shoes, chain, and jacket. This incident sheds light on the difficult and unjust experiences faced by immigrants in South Africa.

Unlawful Detention

The South African Police Services (SAPS) source revealed to GroundUp that the two immigrants had been detained unlawfully, stating, “There was not even a case number for this case… Mowbray is a temporary facility, the longest anyone has been kept at Mowbray was seven days.” Sharon Ekambaram, head of the refugee and migrant rights program at Lawyers for Human Rights, also echoed this sentiment, asserting that the arrests and detention were unlawful and citing a 2017 Constitutional Court judgment.

Denial of Wrongdoing

When asked for comment, SAPS directed GroundUp to the National Prosecuting Authority (NPA). NPA spokesman Eric Ntabazalila denied any wrongdoing, stating, “The NPA did not arrest, release or hold any person unlawfully.” Questions sent to the Department of Home Affairs remained unanswered at the time of publication.

Urgent Need for Action

This incident highlights the need for authorities to address the difficult and unjust experiences faced by immigrants in South Africa. Both violated rights and inhumane conditions urge authorities to demand fair and humane treatment of immigrants. The voices of these victims must not go unheard, and it is crucial to take action in rectifying the systemic issues that lead to such incidents.