Home Affairs Could Pay R1 Million for Unlawfully Detaining Foreign National

• An Eastern Cape court ruled that an illegal foreigner was unlawfully detained for a month after she was arrested
• The woman, who was in the country unlawfully, was arrested and sued the Department of Home Affairs for not giving her a chance to contest her arrest
• South Africans were worried by the verdict, and many commented on the law and on how law enforcement officials do not enforce it adequately

Tebogo Mokwena, a Briefly News current affairs journalist in Johannesburg, South Africa, covered police investigations and court cases at Daily Sun for over three years.

EASTERN CAPE — The Department of Home Affairs may be set back by R1 million after an illegal foreigner sued them for unlawfully detaining her.

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Foreign national sues Home Affairs

IOL reported that the woman was arrested in November 2022 and taken to court in Mthatha. She pleaded guilty to contravening the Immigration Act and was kept behind bars at the Mthatha Central Police Station. She was released the following month, and she sued Home Affairs.

She claimed that when she was arrested, she was not told why she was arrested and why she would be detained. Despite her guilty plea, she added that she was denied the opportunity to fight her arrest personally or through a lawyer. She also accused immigration officers of not taking her to court 48 hours after her detention. The court ruled in her favour.

South Africans angered by the ruling

Netizens discussing the case on Facebook were far from pleased with the outcomes of the case.

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Clive Wa CanHuk said:

"A South African lawyer or NGO is representing her. That's unpatriotic."

Zanele Mazibuko said:

"More privilege than citizens."

Mfundo Dube said:

"The law is the law, but I see it favours outsiders more than locals."

Prenta Magwa said:

"Our police should be given a crash course on our laws so that they don't repeat the same mistakes."

Emmanuel Nxumalo said:

"Most of our problems come from the constitution."

SAPS arrest undocumented foreigners from Mozambique travelling through Mpumalanga

In a similar article, Briefly News reported that the police arrested more than 40 undocumented persons in Mpumalanga.

The police stopped two taxis travelling to Johannesburg from Mozambique. Undocumented children, men and women were found inside, and they, along with the taxi drivers, were arrested.

Source: Briefly News