Destitute Zimbabweans asylum seekers, lining up for humanitarian aid at the international Jesuit Refugee Services (JRS) in Louis Trichardt, were once again arrested in raids by the SAPS and the Department of Home Affairs (DHA) last week on Tuesday.

Following the incident, NGOs in Louis Trichardt expressed outrage about what they described as disturbing evidence of ignorance of the law and elements of xenophobia amongst law enforcement officials.

A DHA official allegedly warned JRS staff that it was a punishable offense to render assistance to “illegal foreigners.” Yet in section 42 of the Immigration Act, “necessary humanitarian assistance” is specifically precluded from the definition of unlawful “aiding and abetting illegal foreigners.” Asylum seekers are also not included in the definition of “illegal foreigner”.

The JRS is an international humanitarian organization, represented in more than 50 countries and has been operational in South Africa for the past 12 years. They provide basic humanitarian assistance to dislodged people. Since the opening of their Louis Trichardt office in April this year, they have assisted 5 000 people. Amongst those forcefully taken into custody on the premises of the JRS last week were Zimbabweans who had fled their country during the recent political violence and were only on their arrival at the JRS in Louis Trichardt informed about the refugee reception office’s issuing asylum-related documents in Musina. They were lining up to receive assistance to travel to Musina to apply for asylum.

The DHA was previously informed about this dilemma. A spokesperson for the JRS said in the latest combined raid, 60 people were arrested. Amongst them, 49 were in possession of asylum seeker documents. The spokesperson said this repeated raid had a serious adverse effect on the provision of relief to people who are now afraid of coming to the office. A similar raid was launched at the municipal cattle pound at the industrial area in Louis Trichardt, where destitute asylum seekers were taking refuge.

The raids followed announcements by Home Affairs officials that all Zimbabweans should return to Musina where there was a refugee camp. No confirmation, however, of the existence of such a camp could be obtained.

National Police Spokesperson Phuti Setati promised last week to have the latest incident investigated on provincial level. A provincial representative telephonically confirmed Setati’s instruction. No further information has been forthcoming since. The fate of asylum seekers arrested while in possession of their documents remains unknown.

National spokesperson for Home Affairs Ms Siohban McCarthy confirmed that the department had taken notice of objections by residents to the actions and utterances of individual officials in Louis Trichardt. She said the department had a law to enforce, but conceded that some officials might have been overzealous and insensitive in their enforcement of the law.

The mayor of Makhado Municipality, Cllr Glory Mashaba, in turn said she was not able to respond to questions as to whether the raids had been requested by the municipality or whether the municipality could provide alternative shelter to the destitute foreigners. She said her municipality “took initiative to find a solution.” She has, however, as yet not received a full report on this.