SAHRC: Home affairs violates foreigners' rights

2012-11-03 17:30

Johannesburg - The South African Human Rights Commission (SAHRC) on Saturday accused the department of home affairs of violating the rights of foreigners at the Lindela Repatriation Centre in the West Rand.

Spokesperson for SAHRC, Isaac Mangena, said the commission, alongside People Against Suffering, Suppression, Oppression and Poverty (Passop) and 39 immigrants launched an urgent court application with a high court on Saturday "to put an end to the violations".

"[They] are detaining them for longer than the prescribed 120 day period allowed in terms of the Immigration Act," said Mangena.

"The commission has [also] previously raised concerns about reported physical assaults and attacks on migrants and asylum seekers at the Marabastad offices of the department of home affairs in April this year."

The commission claimed it had been trying to resolve the matter since 2009 and said it submitted recommendations to the department.

"The repeated recurrences of similar violations are proof that the department appears unwilling to take corrective measures to attend to the plight of migrants and asylum seekers," said Mangena.

Spokesperson for home affairs, Ronnie Mamoepa, said his department never received any court documents linked to the matter.

"Having checked with the state attorneys, legal section and the office responsible for Lindela, we can confirm that we have not received any summons.

"We will be able to respond comprehensively in a court of law as soon as we are served with documents," he said.

  • andre.vandeventer.16 - 2012-11-03 17:35

    These "foreigners" are actually illegal aliens, and are afforded more rights than tax paying citizens! - 2012-11-03 18:07

      My "rights" are being violated every day. I am seen and feel like a foreigner in my mother country because I am white. Can the SAHRC please look into putting an end into the violations against me and other white people. The ANC don't want us here either. They just want everything we worked for all our lives.

      leonard.menge - 2012-11-03 18:31

      According to the so-called traditional ways a foreigner definition's genetic decent is of far away lands so the reason why white people in south africa feel discriminated in political matters they are viewed as foreigners too by the ANC even if they have citizenship it does not make sense they are outsiders too to them they want them too leave like the black foreigners.

      1982 - 2013-05-22 15:44

      Andre is not your fault, i think u come from a very poor family and poor back ground just by ready you i see that you from your white ASS, this is South Africa and it belongs to all who living in it legally,Im not from here but legally im SA today and i pay more tax than other SA earn. Do i go around and brag about it??? why don't you go back to white land?

  • gary.desousa.7 - 2012-11-03 17:38

    High court on sayurday(I assume today) and the spokesperson who has been in every job available says they havent got them? duh? This has been going on for years, typical response, we wait till court then respond. So sad

  • mshiniboys - 2012-11-03 17:52

    I can only pretend to be suprised

      yar.wellnofine - 2012-11-04 06:03

      The facts always come as a shock to you, don't they?

  • Suzanne Viljoen - 2012-11-03 17:58

    Asylum from what and where? Let them go back to their black presidents in wonderful Africa!

      zeepolar - 2012-11-03 18:15

      suzanne, these utterances from especially white people on News24 are very discouraging. if a government has failed, it has failed coz it is corrupt, incompetent or watever. but not coz it is black.many black people who read news24 dont even bother commenting most of the time coz of the racial slurrs by the majority of its white readers, many of whom claim to be DA. as an open minded black person, i get dicouraged when i read such comments and i know there are many who feel the same way. helen zille has been trying hard to win over the trust of black south africans, but the people on these sites are making all her efforts to be in vain. am not trying to change who you are, if you are a natural racist, fine. but know that may people read these things and as much as they dont like the ANC, they wont go for a party with members like the ones here on news24

      zeepolar - 2012-11-03 18:20

      and another thing, you have to decide whether you are african or not, because i have found that most of yal separate yourselves from Africa, but when it comes to the land issue or that of mineral resources, yal wanna be African. I used to defend white people from the likes of Juju who would ask for yal to be shipped back to Europe, but ever since i started reading comments here, i realize that yal dont consider yourselves african.

      themba.thwala.775 - 2012-11-03 18:34

      Zee forgive Suzan for thinking through her ass

      mike.siya.7 - 2012-11-03 18:40

      @suzanne.Mind your language.Stop saying that they must go back to their black President.let me teach you: say they must go back to their country.What about you go back to your white president in scattered and destroyed Europe.

      leonard.menge - 2012-11-03 18:42

      Zeepolar white supremacist are not interested in anything of non-germanic causian origin.south africa the state was created by them they just view blacks as infiltrators who just emerged from the bushes and stole their black either from zimbabwe or transkei is the same thing to them,(I.e wild brutes who just want to run down their creations) but its important to stress that not all whites have this view of negroes....

      shakes.tshabala - 2012-11-03 18:42

      @Zeepolar....Your comment is so appropriate. Suzanne Viljoen is quite clearly an IDIOT. Her statement is so insulting. Others whites who are more intellegent than her will also reject her idiotic statement.

      mshiniboys - 2012-11-03 19:03

      So you think Zuma is white?

      phillip.marchant.52 - 2012-11-03 19:10

      Zee, you are so correct. Many who splatter their racist non-brains all over these pages fail to realise that they are the very best campaign partners for the ones who they complain about. So let me apologise for all of these people, who are blinded by prejudice. And thank you for biting your lip and dignifying the individual with a response - let us hope it has the desired affect. Shakes, thank you for acknowledging what is always the case. It is unfortunate that the greater minority non-independent non-thinkers from both ends of the spectrum appear to hold centre stage with their evil, and it is for the very vast majority independent thinking South Africans to silence them.

      mart.botha - 2012-11-03 19:34

      At zeepolar, in essence you are correct in all that you say. May I just ask if you think that it is possible that white people too can be considered victims of apartheid, much like the majority voter today who will vote ANC pretty much because they feel they have to, to show solidarity with other black people. It's not about policy, performance or potential. I (optimistically ) like to think that the outbursts and pereceived attitudes of white News24 addicts are because they care too much about the future and get angry when they recognise that some things are just wrong. Post 1994 saw a positive change in the attitude of most white people whose eyes had been opened by the euphoria of new beginnings. This however has been severely eroded away by incompetence, self indulgence, excesses not to speak of quite blatant crime and corruption. It is further compounded for me as a white person who is playing my part as a 'recovering racist', to see all my efforts coming to nought because of the aforemention frailties of those in power, AND you are absolutely 100% when you say that many black News24 addicts feel the same way but don't this perhaps the very same attitude displayed by whites under apartheid, that somehow pointing out inefficiencies, no matter how true, is to sellout black people and face ostracisation by their own ? To whities, take whatever comfort you need from the fact that 'below the radar' there are many black people who are rowing the same direction.

      nombuso.n.mtshali.1 - 2012-11-03 19:59

      Zeepolar is right. You make it sound like ALL black people are not capable of doing anything positive in this country. A person is corrupt not a race. I also feel embarrassed when my fellow black people say racist comments, but that comment does not represent a WHOLE race. More black people are warming up to the DA but when you say such things its very discouraging. we all want what's best for this country, except those who want to get free things without working.

      diana.gill.18 - 2012-11-03 20:27

      Suzanne you dont speak without thinking first. Why do you decide that all foreigners are coming to SA from only african countries? My sister in law, south african by her birth but british by her passport was battling for over half a year to obtain her righteous citizenship. Eventually they have granted her with a SA ID, but it happened right in time for her husband, an englishman to have his visa expired so he faced extradition. As a result she was facing a dilemma: to stay in the country but let her husband go back to GB or to follow him. I even wonder if they didnt do it on purpose! Of course she has chosen not to abandon the family. You people complain so much about us whites being a minority in SA but the same time you fight and squabble between each other like kids in a sand pit. Shame.

      AnthonyfromAfrica - 2012-11-04 07:58

      Diana, What a filthy racists comment !! But not surprising coming from someone who supports dictatorships and the violent oppression of majorities, like in Syria!!!!

      kevin.watson.7906 - 2012-11-04 10:37

      Zeepolar, what is needed is an analysis of why so many African countries have failed and are failing their people. South America also has corrupt governments and has a very poor record on democracy, yet their economic growth far exceeds that of Africa. Both continents were colonised beginning at about the same time. In South America it was far more brutal and whole populations were killed. Why then is Africa the basket case of the world/ Yes there are a few exceptions, but they are exceptions, why is there an antipathy to democratic change? Why don't the African people rise up against these corrupt and brutal leaders? My own forebears in Britain began their struggles against corrupt and dictatorial government in 1215, the fight continues to this day, but by 1929 we had achieved democracy. The fight against corruption will never end but it is highlighted and is fairly minimal given the size of their economy. It is a question all "Africans" should ask.

      frank.cornelissen.1 - 2012-11-04 13:54

      Zeepolar - November 3, 2012 at 18:15 Please explain to me where you dig out racism from the above post? The fact is that foreigners are visitors and should not be extended any rights except the basic one pertaining to their stay! This idiotic HRC is a bunch of liberal idiots sitting with their swollen heads up their creaking asses! So really, your drivel here is more racist than the innocent post that spawned this torrent!

  • mammudi.makgaleng.3 - 2012-11-03 18:06

    They have patience. Why can't they go back home????? What's wrong with their countries that they can't stand and resolve than running to other peoples countries???? If we can all run from our problems what will happen in a long run????

  • catgirl1971 - 2012-11-03 18:14

    HELLO! Bugger the foreigners' 'rights'! How about looking after our OWN people first BEFORE thinking about non-South Africans?! South Africans do not deserve to have thousands of refugees and asylum-seekers flooding this country when there are South Africans being neglected! WAKE UP cANCer!!!!

      1982 - 2013-05-22 17:03

      Lynn, why why do you say that SA doesn't deserve to have 1000 of foreigners??? Are you African? because if you were South African I'm really sorry and its sad that you don't know the history of south Africa. During apartheid do you even know what and how many African country helped and set money, food, clothes and more to South Africa to help people here? what country in the world where there is no immigrant? so stupid white woman in Africa.

  • jacyjays.letsoalo - 2012-11-03 18:15

    In the Holy Bible it has been proven, there is nowhere, where it indicate foreigners being treated right! South africa is the only country which worries abt the Human Rights of foreigners both on paper and realistically. I don't condone Xenophobic Tendencies however, I vehemntly oppose the way Foreigners are given free reign in our country. They open businesses wherever they want! Do as they please and yet us south Africans when we go to other countries we have to \follow\ foreing policies. Foreigners must be regulated, they must be Taxed severely. I am however, friends to many of them both professionally and locally but I don't like the monopolly money plays when dealing with foreigners. Recents Stats from Stats SA have neglected to mention the more than 12 million foreigners, Nigerians have taken over now the Pretoria CBD, no longer Sunnyside and Hillbrow! Somalis also have taken over our businesses (my friends included), all I say they must be regulated. We are learning from their cultures but gaining nothing economically, especially Nigerians who are the Masterminds of Fraud, Drug Trafficing and Sex Trade. I wish they can deport all Nigerians cos there is no valid reasons for them to be in South Africa, yes Other Expatriates have reasons but let the AU or SADC come with a moratarium to balance thew influx of foreigners evenly

      nicky.saaiman.1 - 2012-11-03 18:22

      Thanks you said it all.

      kevin.watson.7906 - 2012-11-04 10:47

      If foreigners "open businesses where they want" why don't South Africans do the same? Why should foreigners be taxed severely and not in accordance with the various tax laws? This is discriminatory! How do you "know" there are more than 12 million foreigners in South Africa? Did you count them? How can Somalis take over your friends business? Is it possible that they are better business people? You may even have a point that Nigerians in South Africa do seem to be over represented in the drugs trade, human trafficing trade and in fraud scams. You seem seriously zenophobic. I am concerned because I was born outside of South Africa because my parents went into exile in 1948 because of the NP coming to power, am I a foreigner because I was born and raised outside the country?

      jacyjays.letsoalo - 2012-11-04 12:41

      @ Kevin Watson, for ur information, I have many Somali Friends, a few Nigerian Friends, Zimbabweans are also my Friends, I speak Fluent Shona (Zimbabwean Language), I understand a bit of Uruba(sic) from Nigeria! I eat and dine with Somali Nationals day and Nite, a Zimbabwean is a very Good friend of mine! I am merely speaking on a \fence\! And ppl who went on exile did that for various personal and political reasons, the same reasons go with ppl who remained during the Struggle they are and I am also an important citizen of this country! It is only important to note that South Africa is used as a gateway to get Visas to go to other countries! One need not to be emotional when dealing with issues of foreign nationals! THERE HAS TO BE A LIMIT. If u study Population Dynamics, it dicates that there has to be a specific number of species per a particular area. For ur information, the man whom I learned more abt Christianity and how to live a Christian live is a Zimbabwean! Go to Mayville in Johannesburg, it is a Mini Mogadishu, do u call it Exile! So don't be emotional but be factual, there is a lot of foreigners in South Africa. As for the Numbers of foreing nationals, newxt week Bafana is playing just check the Number of Zambian supporters at the Stadium least said abt when Bafana play Nigeria, the stadium will be half Nigerian and a few school children from I have nothing against foreiners but just need them regulated. Check the word \REGULATED\

      1982 - 2013-05-22 17:11

      If foreigners "open businesses where they want" why don't South Africans do the same? Why should foreigners be taxed severely and not in accordance with the various tax laws? This is discriminatory! How do you "know" there are more than 12 million foreigners in South Africa? Did you count them? How can Somalis take over your friends business? Is it possible that they are better business people? You may even have a point that Nigerians in South Africa do seem to be over represented in the drugs trade, human trafficking trade and in fraud scams. You seem seriously xenophobic.Do you know who are the ppl who buy drugs from those dealers? did you know that there are many black and white in power using drugs and well connected with those drugs dealers? you can't fight send them out of the country you should fight your own government first, because they are all corrupted, money hungry while there many black ppl living in poverty and they dive nice and expensive cars, do they even care about you black ppl??? you sound like an uneducated

  • casskot - 2012-11-03 18:18

    Send them back home. They are already putting strain onto our overburdened infrastructure let them GO!

      Henry Molokwu - 2013-05-22 15:29

      I feel very reluctant to respond to your submissions on Nigerians. I see that as biased and uninformed. Whether you like it or not, anybody has the inalienable right to migrate and live wherever he wants to. It is the duty of the host Country to ensure that due process of law is followed.Nigerians came to south Africa because they feel wrongly or rightly that South Africa is better than Nigeria economically and socially.So of us are wrong in this assumption. We have opened businesses and employed locals. I have a total of about fifteen south Africans employed in my business. But to answer you directly and open your narrow scope of reasoning into wider perspective, the reason while Nigerians have migrated here is the same companies like Mtn, standard bank, Shoprite, Sasol, Lafarge etc have gone to Nigeria. Nigeria welcome these companies with open hands not for lack of spirit of enterprise. It is a free world and rather than laying back and complain, accept the fact that it is a global village and what you do personally to change your lot is important.

      1982 - 2013-05-22 17:12

      You should get a better life than them, because if you had you would not be talking like this

  • phaldiemeyer - 2012-11-03 18:21

    I will take the SAHRC seriously if they make sure that SA's citizens, and that means everybody black, white and everything in-between, are afforded the rights first before we look at foreigners rights first.

  • duncan.phopi - 2012-11-03 19:55

    These people should be visitors instead of refuges- running away from their birth countries.

      jemalkiin - 2012-11-04 00:52

      Duncan we hear that south africa has most beautiful land which only beautiful women

  • diana.gill.18 - 2012-11-03 20:32

    I personally make a statement that i will take Home Affairs Dept to court as i have to many issues with this mickey mouse office!

  • amanda.matthews.14811 - 2012-11-03 20:53

    Human Rights my bloody eye to Foreigners ! What about South Africans human rights?? There are South Africans of ALL colours who have been battling for years to get their S.A. Identities due to the fact that CORRUPT OFFICIALS at the Dept of Homes Affairs SOLD their ID NUMBERS to FOREIGNERS. What about the lady who committed suicide because she could not get her I.D. Document?? What about the gentleman who is sitting in prison because he chained himself to a desk at Home Affairs and would not leave until they gave himn his I.D. Document? Just yesterday we heard of a lady who took 6 years to get her I.D. Document. Thats nothing. A member of my family took 8 years to get her I.D. Document. Her I.D. Number had been sold by CORRUPT Home Affairs Officials. We are STILL in the grip of Mafiosa who are controlling everything at Home Affairs. That is why this Country is dooomed. cANCer CANNOT STAMP OUT CORRUPTION. NOT NOW, NOT EVER.

  • amanda.matthews.14811 - 2012-11-03 20:58

    Furthermore SAHRC I suggest that you start FIRST and FOREMOSTLY to FIGHT FOR THE RIGHTS OF SOUTH AFRICAN CITIZENS TO GET THEIR ID DOCUMENTS. Then worry about the foreigners. Get your priorities right!

  • amanda.matthews.14811 - 2012-11-03 22:01

    ss monareng. No, I have no sympathy for foreigners flighting to S.A. South Africans Citizens ID Documents first and foremost. Once Home Affairs can sort that out then only should they concern themselves with Foreigners ID Documents. However, I will wait for that till hell freezes over.

  • khethukuthula.mkize - 2012-11-04 04:10

    It is actually sickining to hear people (SAHRC) who are suppoz to be gunning for protection and advancement of South Africans whome as we speak are struggling others having recently been killed in the Marikana massacre going all out about foreigners. In South Africa foreigners have more rights than its citizens. All the government institutions take more serious foreigner's than South Africans, this is desturbing. This is one of the reasons why ew had xenophibic attacks not so long ago.

  • jan.ramoshaba.5 - 2012-11-04 06:00

    U SAHRC r failing us in evrything coz now m a foreigner here n this the govermnt has accpted me till that time is finished then I go bck SA so plz stop that violation do things properly re ma-afrika guys burry that hatred n swallow apartheid

  • Edwards Dombe - 2014-04-23 19:42

    This issue is a thorn in our flesh,so many SA's are well ocupied in many countries bt here they seem not welcoming Foregnerz.Marabastaad issue is true.if nt convinced,go Mondys and Tuesdays.Wer'e Africans guyz,lets sympathyze.oll dwn countries were once up.

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