Illegal migrants now able to challenge detention

Illegal migrants now able to challenge detention

June 29 2017 – THE SA Constitutional Court handed down a historic decision today that deported illegal immigrants, have the right to the right to challenge in court a detention within 48 hours of arrest and the right to be protected against arbitrary detention without trial—apply to non SA citizens  as well as SA.

This means everybody living in SA  will be protected by the law and not subject to arbitrary violations of their rights by authorities.

“This ruling will most importantly protect vulnerable individuals whose detention has in the past fallen beyond the reach of judicial oversight resulting in widespread rights violations,” says the Lawyers for Human Rights in a statement released today.

Henceforth  all illegal immigrants, must be brought before a court within 48 hours from today’s 10AM ruling or on such later date as may be determined by a court. 

Illegal migrants, a large number from Zimbabwe, would find themselves detained at the notoriuos Lindela holding center for up to months on end, especially if there was none to pay for their bus fare back to Zimbabwe.

“LHR would like to extend its gratitude to Legal Aid South Africa, which served as an invaluable partner in this case; without Legal Aid’s financial support, we would not have been able to wage this successful battle against state injustice,” says LHR. –