Response by Home Affairs to GroundUp’s Lindela story

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Modiri Matthews (Department Home Affairs)

11 May 2012

The Department of Home Affairs has written a detailed response to our story published yesterday titled, Lindela accused of poor handling of meningitis case.

The Home Affairs response is published unedited except that we changed the real name of the person in question to Danai X. We also changed the title.

Here follows the Department's response:

Department of Home Affairs response to media query on the case of Mr Danai X in Lindela.

1 Mr X's family has accused the Department of Home Affairs of infringing their rights by failing to inform them timeously when he fell ill at the Lindela Repatriation Centre. The family claims to have been told about his illness only in February 2012 despite Mr X having been at Lindela in November.

RESPONSE: The Department of Home Affairs informed Mr X\xe2\x80\x99s brother about his illness on the 25/11/2011, the same day that he was referred to Leratong Hospital and not in February 2012 as alleged. Mr X had arrived at Lindela from Capetown eight days earlier on 16/11/2011. He had reported to the Clinic at Lindela on 2011/11/25 and was then referred to Leratong Hospital.

2 Danai's brother says that they (family) used to call Lindela every week for several months in an attempt to contact him but were put on hold until their airtime ran out.

RESPONSE: The department would appreciate it if the family of Mr X could furnish the details of the person they spoke to at Lindela, the dates and numbers used in order for us to investigate this allegation.

However, we wish to reiterate our stance that families have a right to telephone and visit deportees while they are held at Lindela.

3 The family said they still need answers as to what caused his illness?

RESPONSE: We note the concerns raised by the Mr X\xe2\x80\x99s family, about the causes of his illness. The department wishes to express its willingness to assist the family where it can and we would like encourage them to engage the department directly in order to help answer these questions.

4 Why was Mr X not deported for the three months that he was at Lindela?

RESPONSE: According to our records at the Lindela Repatriation Centre, Mr X had only been in Lindela for eight days including weekends, from 16/11/2011 to 2011/11/25 when he was admitted at Leratong Hospital. Mr X remained in Leratong until 2012/02/07, receiving treatment when he was released into the care of his family.

6 Family members say that the Home Affairs official who dropped him at the hospital did not take any responsibility for his care and want to know what steps Home Affairs will take to remedy the situation?

RESPONSE: Mr X was referred to Leratong Hospital for medical attention and arrangement were made to release him into the care his family and this it was done. However, we wish to once again encourage the family to engage with department directly in order for us to help them address their concerns, were possible.

7 After visiting Lindela, a project coordinator from People Against Suffering Oppression and Poverty (PASSOP), said, The situation at Lindela is far from constitutionally sound or humane. The facility is shrouded in secrecy, unwilling to provide any outside body access to monitor the treatment and processing of deportees. This lack of transparency gives BOSASA, a private security company contracted to run the centre, free reign to act without any accountability or protection for the human beings in their custody. Would you also want to respond to the above statement from PASSOP.

RESPONSE: The Lindela Repatriation Centre operates in terms of the Immigration Act and the South African Constitution which prescribe the right to human dignity. Accordingly the repatriation centre conditions are humane in line with international standards for which the Human Rights Commission and Parliament have oversight. As such the facility provides medical assistance, food, and the right of access to family and legal representation.

Thank-you

Mr Modiri Matthews
Chief Director: Inspectorate
Department of Home Affairs