Lost in the vortex: irregularities in the detention and deportation of non-nationals in South Africa

The Lindela Detention Centre in South Africa is a holding facility for the temporary detention of 'illegal foreigners' while they await deportation. This report argues that despite the authority's efforts to improve operations at the facility, there continue to be systematic violations of the law at Lindela.

The paper uncovers several lapses in correct procedures for detention in the center. These include irregularities in the classification of illegal foreigners and failures to use the legally prescribed forms to notify individuals of their legal status and rights related to this status.

The authority's failure to follow proper procedures has also resulted in prolonged and indefinite detentions without judicial oversight. These lapses mean that many detentions and deportations are, in effect, occurring illegally. Furthermore, the document indicates several phenomenons ah Lindela, such as corruption, detaining asylum seekers, indefinite detentions in excess of 120 day, and violence committed by both detainees and Lindela staff.

The report introduces some recommendations aimed at protecting the rights of detainees, and minimising costs of detention that arise when illegal procedures are followed:

• address illegal practices by implementing accountability and disciplinary measures against officers who arrest individuals carrying valid immigration documents
• avoid the costs of unnecessary detentions by taking measures to encourage officers to allow suspected illegal foreigners to retrieve documents that verify their immigration status
• streamline operations at responsible offices so that individuals are able to access these offices and maintain valid documents without encountering bureaucratic obstacles
• make sure that all illegal foreigner classifications are done properly and are accompanied by the required notification
• release all individuals at Lindela who are not being held for the purposes of deportation
• establish judicial oversight of all detentions in excess of 30 days and release all detainees held in excess of 120 days.