South Africa’s continued mass arrest and deportation of Zimbabwean citizens who seek refuge in South Africa are unlawful. A major rethink and reformulation of official instructions to the SAPS and immigration authorities are urgently required. The forceful return of people to circumstances in which they may be persecuted is strictly prohibited by International Law.

This came to light this week when the Zoutpansberger approached experts from Lawyers for Human Rights on the treatment meted out to the increasing number of Zimbabweans being rounded up in Musina and Louis Trichardt. They include members of the Zimbabwean opposition parties, who were allegedly seriously assaulted by pro-Mugabe thugs in the southern parts of Zimbabwe. (One of them had to receive treatment for his injuries at a local hospital in Louis Trichardt last week). It also includes an increasing number of unaccompanied children - mostly orphans from a country were social services have also been seriously disrupted by the present circumstances.

According to Mr David Cote of Lawyers for Human Rights, the deportation of members of the Zimbabwean population who are at present making undocumented crossings of the border into South Africa for safety reasons is in contravention of the non-refoulment principle of International Law. This principle emphatically prohibits the return of persons to a country where they will suffer persecution.

"South African officials who fail to inform Zimbabwean citizens of their rights to asylum and continue with their deportation, regardless of their indication that they want to seek asylum, are guilty of unlawful conduct," said Cote.

According to the Refugees Act 130 of 1998, South Africa is obliged to process assylum applications by people fleeing persecution on, amongst others, well- founded fears of persecution on the grounds of race, tribe, political opinion and membership of a particular group.

Experts are also of the opinion that the present asylum procedures in South Africa are clumsy and unrealistic, a massive waste of money and cause unnecessary hardship to people in desperate need. There is an alarming backlog in the processing of asylum seekers at the refugee reception centres in the country. One expert said the administrative clumsiness makes it almost impossible for highly qualified refugees to be assimilated and to make a potentially valuable contribution on various fronts in the country.

As far as the treatment of Zimbabwean children is concerned, the situation is that no court in South Africa has the jurisdiction to deport an unaccompanied minor. According to the existing Children’s Act, any child found destitute in South Africa should receive the same treatment and support as a South African destitute child, regardless of his country of origin. It is argued that it is totally out of order to treat such a child as an illegal immigrant and therefore as a criminal offender. Orphaned Zimbabwean children found in South Africa, with no safe address to return to in Zimbabwe, should be afforded all the necessary support, including the uninterrupted continuation of their right to a sound education.

Several international agencies now rendering services to Zimbabwean refugees in South Africa are experiencing the same frustration which faces local NGOs and especially local churches, who desperately want to alleviate the suffering of the refugees, but do not want to contravene the express directive of the local SAPS that no support or aid should be given to any foreigner who is found without the necessary documentation. Lawyers for Human Rights pointed out on enquiry that Section 42 of the Immigration Act clearly provides for such aid and support for humanitarian purposes.

In Musina, the Zoutpansberger found evidence at the SAPS offices of an encouraging humane approach towards the increasing number of Zimbabwean children, wandering the town’s streets last week. The conference room of the local station commissioner was temporarily converted into a jovial party venue on Friday, with gifts of fruit, cool drinks, clothes, a soccer ball and educational books for the children. A representative of the international organization Save the Children (UK) was also present. Commissioner Maggie Mathebula said on enquiry that all donors are welcome to deliver appropriate donations for the children at the SAPS offices. The police will also liaise with the local church organizations in rendering assistance to the children.