Lawyers for Human Rights concerned about mass deportations following government’s lifting of ‘special dispensation’ that never took effect.
Lawyers for Human Rights is concerned about the Cabinet announcement made on the 2nd September that they intend to end the “special dispensation” for Zimbabweans that was announced April 2009. In April 2009, the then Minister of Home Affairs, Nosiviwe Mapisa-Nqakula, announced the following three policy changes in respect of Zimbabwean nationals:
• A moratorium on deportations to Zimbabwe;
• A 3 month visa free entry to South Africa (for bearers of passports) on which the holder could work;
• A special dispensation permit which would enable Zimbabweans to remain in South Africa for a defined period of time.
While the first two changes came into operation immediately, the special dispensation permit was never implemented. Confusingly, Cabinet is now announcing the end of the special dispensation. According to Kaajal Ramjathan-Keogh, who heads the Refugee and Migrant Rights Programme at Lawyers for Human Rights, “This announcement is quiet disingenuous. What Cabinet is actually announcing is an end to the moratorium on deportations and consequently their intention that they will commence mass deportations again.”
This announcement, like the one in April 2009, was made without consultation with any civil society organisations who are working on migration issues affecting Zimbabwean nationals. Home Affairs has justified the resumption of deportations on the grounds of a return to “stability in Zimbabwe”. But the Unity Government has been on the verge of collapse on several occasions. Elections scheduled for 2011 may not take place because of ongoing conflict between various parties. According to Ramjathan-Keogh, “There is by no means any kind of stability in Zimbabwe.”
Zimbabweans continued to be arrested and detained during the moratorium on deportations. Many of these detentions took place without following the proper legal procedures. In the past two years, LHR brought over 60 court cases, securing the release of the detainee together with in the majority of most cases a declaration that the detention was unlawful.
“The ban on deportations creates a strong likelihood that more people will be illegally detained and deported, given DHA’s pattern of acting unlawfully and failing to adhere to the provisions of the Immigration Act. In addition, Government has provided no mechanism for Zimbabweans to remain legally in the country, but has merely stated that Zimbabweans must obtain some sort of documentation” said Ramjathan-Keogh.
