A JUDGE had harsh words for a head of immigration in the Western Cape, who tricked an Ethiopian citizen -- who cannot speak a word of English -- to post R1 000 for “bail”, while he was actually signing documents and paid the money as an admission of guilt fine for “being illegally in the country”.
The man had tried several times in vain to be documented by Home Affairs so that he could be legally in the country.
What transpired was that the immigration officer tricked him into admitting guilt. Once she had this document, she ordered his further detention as she now had “prove” that he was “illegally in the country”.
This was done all while neither the man nor his family could understand a word of English.
Western Cape High Court Judge James Lekhuleni had harsh words for the conduct of both the magistrate and the immigration officer, but his outrage was in particular towards the latter.
He said her conduct was “deplorable”.
The Ethiopian citizen, who is not being identified as he fled his country fearing for his life, turned to the court on an urgent basis as he is still in jail.
He asked the court to set aside the admission of guilt fine paid earlier this month at the Paarl Magistrate’s Court. He also asked to be brought before a different magistrate as soon as possible to have a fair hearing for bail and that an interpreter is present to assist him.
About two months ago, the applicant arrived in South Africa, having fled from Ethiopia due to severe political unrest.
According to him, it was extremely unsafe in Ethiopia, and he was concerned for his life and safety should he remain there.
He fled to South Africa to be with his family and seek asylum. His two brothers are among the family members he has in South Africa. His brothers are all duly documented, as they respect the law of this country.
Upon his arrival in South Africa, he went to the immigration offices in Epping to begin the process of his own documentation. He was sent away after being told that the system was offline.
A few days later, he revisited the immigration offices and was told that they only serve the first 24 people per day regarding those seeking asylum. Unfortunately, he was not among the 24 people and was again turned away.
He returned to the immigration offices to sleep outside on the pavement to be part of the first 24 people for the next day. At this stage, he was desperate.
The following morning, he was indeed part of the first 24 people. However, they were all turned away due to load shedding.
Before he could make it back to the immigration offices for the fourth time to apply for asylum, he was arrested for being an illegal immigrant.
He appeared in court for the first time on April 4 and the matter was postponed for an interpreter.
When he returned to court there was still no interpreter. He did not understand anything that transpired, nor could he converse with anyone. This caused him anxiety and panic.
According to his family, he was told that R1000 was needed to be paid for the applicant to be released on bail.
His brother returned to court with the receipt, under the impression that the applicant was about to be released on bail. He was then told that the applicant was already taken away and is in custody.
The SAPS explained to the family that they were mistaken as they did not pay for the applicant's bail; instead, they paid his admission of guilt fine which authorised officials to keep the applicant in custody until he is deported.
This evidence was not disputed, as the immigration officer never pitched at court to explain her side of the story, although she was cited as a respondent in this application.
It is said that she meanwhile collected the applicant personally and took him to the immigration offices to sign some documents. According to the applicant, she was extremely hostile and racist towards him, treating him with severe inhumanity.
Upon returning to the police cells, the applicant said he felt he had no options, as the official “tortured” him to the point where he thought his life was now going to be in detention until deportation back to the political unrest in Ethiopia, and that made his life not worth living.
At this stage, he believed it was best to take his own life, and he attempted to hang himself.
The police officials, however, had caught him trying to take his own life, and he was then moved to an isolated cell and placed on a suicide watch.
The judge said that the immigration officer's conduct, as explained by the applicant, is deplorable and must be condemned.
“This kind of behaviour from a high-ranking government official is repugnant and objectionable to the expected tenets and attributes of a person in her position and to the Batho Pele principles … In my opinion, a note of caution must be sounded to the head of immigration to desist from such unacceptable behaviour,” the judge said.
He granted the applicant’s application.
Pretoria News