Johannesburg - Judge Kathy Satchwell has lashed two advocates at the Johannesburg High Court for using a “sausage machine” to write up affidavits for detained asylum-seekers.
Representing asylum-seekers from the Lindela Repatriation Centre last week, advocate Henry Matsomme presented her with five affidavits with a similar-sounding narrative during a series of asylum applications at the motion court.
“It’s amazing how all these asylum-seekers are great travellers. This one says she came to South Africa, went to Pretoria and then to Kempton Park… but did not apply for a permit?” asked a bewildered Judge Satchwell.
Another affidavit read: “I came from Mozambique and went straight to Pretoria. Then I went to Durban for four months and came back to Pretoria.”
There was no explanation of why the asylum-seeker had not applied for a permit while region-hopping, prompting Judge Satchwell’s remark.
She also said she was surprised that so many foreigners chose to come to South Africa in the name of “seeking asylum” while they had really come on an extended holiday. This was another matter the justice system had to rectify, she said.
One affidavit in particular seemed to stoke the judge’s fire. Among other things, it stated: “I cannot go back to my country because I have health problems.”
Judge Satchwell asked Matsomme what “a health problem” was, adding that it was not her job to “sniff out the information”.
Matsomme shook his head, telling Judge Satchwell he was not properly briefed.
“Perhaps if this asylum-seeker’s case was explained better, he’d stand a better chance of not being deported,” said the angry judge. “If it was explained what disease he had, or that he needed to be in South Africa for proper medical treatment because he wouldn’t find it in his country…”
Judge Satchwell explained to Matsomme that detainees were not supposed to wait to be arrested before they could apply for asylum or have their permits renewed.
She also reprimanded him for using one template to write up affidavits, failing to put his clients first.
Matsomme responded that his clients’ attorney’s office had not briefed him on time, and he could not account for the contents of the affidavits.
Advocate Mandla Gumbi, representing state attorney Tefo Malepe, was asked to clarify the confusion in the affidavits, but also blamed the state Attorney’s Office for not briefing him well.
“My Ladyship, I can say in this instance, I’m also a victim,” he said.
“Tell your State attorney that this is not a sausage machine… these are people’s lives,” Judge Satchwell retorted.
She said the shoddy legal representation of asylum-seekers was a sign of incompetence.
“These asylum-seekers have all paid for you to come here and speak on their behalf, but instead you come to court and say ‘I don’t know’,” Judge Satchwell said.
Turning her attention to the State Attorney’s Office, she said it was “like Home Affairs – highly incompetent”.
Judge Satchwell, a human rights attorney in the 1990s, said that unlike in her day, attorneys now do not know how to do basic duties such as drafting an affidavit or putting a case together.
She instructed Gumbi and Matsomme to report to their respective heads. “I don’t want to embarrass you in front of everybody, but I want to know how much you are all being paid.”
Gumbi refused to comment on Judge Satchwell’s comments.
Matsomme said the process of representing asylum-seekers was complex.
How to Apply:
* You have to have valid documents, a passport and a permit or visa to prove you are legally allowed to be in the country. Asylum-seekers may not have the required legal documents to be in South Africa, and can apply for refugee status to give them legal standing in the country.
* To qualify for refugee status or asylum, you must provide proof that your life was in danger due to persecution as a result of your race, tribe, religion, nationality, political opinion or membership of a particular social group, or that there is war in your country.
* There is no charge for applying for asylum in South Africa. - Source: http://www.homeaffairs.gov.za/index.php/refugee-status-asylum
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