Zimbabwean immigrant released after SA court intervenes

SOUTH AFRICA – A Zimbabwean father was released from detention at the weekend after being arrested for taking a job at a petrol station, contrary to the terms of his permit that he works as a domestic worker.

Immigration officials believe that Trust Chepesani lied, and never intended to be a domestic worker, notes a Weekend Argus report.

His lawyers lodged an urgent application in the Western Cape High Court, asking for his immediate release on the basis that the Immigration Act states that detention for deportation must be confirmed by a warrant of court within 48 hours.

Chepesani did not appear before a magistrate, and the lawyers argued that, to detain him further was unlawful.

In an affidavit, Munyaradzi Nkomo, a candidate attorney at immigration firm Craig Smith and Associates, said he was told a magistrate at the Bellville Magistrate’s Court was not available to hear the matter, which meant Chepesani would remain behind bars for the weekend.

This, Nkomo said, amounted to an infringement of Chepesani’s rights to freedom and security. Judge Siraj Desai said the case involved fundamental liberties.

He added he was unable to apportion blame because, on the one hand, the immigration officials claimed a magistrate was not available, while, on the other, the magistrates claimed they were not told that the 48-hour period had expired.

‘But whoever is to blame, it is a totally unsatisfactory state of affairs,’ he said.

He directed the Home Affairs department to provide Chepesani with documents to prevent his re-arrest and protect him during his release.

The Minister of Home Affairs was ordered to pay costs. The Zimbabwean