Durban - A foreigner has charged a policeman with theft for not returning money and a cellphone that had been taken from him when he was detained at Pietermaritzburg’s New Prison.
He was arrested along with 52 other foreigners in May for being in the country illegally. Before they were jailed, they were told at the prison to put their belongings and cash, which amounted to about R20 000 in total, into envelopes on which they wrote their names.
They allegedly never got it back.
The man, who did not want to be named for fear of being harassed, has been assisted by a local schoolteacher, Julie Stofberg, whose husband is an attorney, to try to get back his cellphone and just over R700 in cash and leave the country.
She said she wanted to put the spotlight on the treatment of foreigners when they were arrested.
In May, the Zimbabwean was arrested with the others during an Operation Fiela raid.
They were taken into custody and their rooms were left unlocked. He said everything he owned was stolen.
He pleaded guilty and was sentenced to 30 days in prison for being in the country illegally. On his release, he was told to fetch his passport from the department.
Stofberg found out what had happened and assisted him. Stofberg and the man established which policeman was supposed to return the men’s belongings and charged him.
She also helped get his passport back. When he did, he was given a letter to leave the country before July 15. Stofberg questioned how he was expected to leave when he had no resources and money.
Stofberg said what happened was wrong.
“If I can talk for one foreigner, I can make a difference. Luckily I am able to assist him financially and legally … it’s such an injustice.”
Acting provincial Home Affairs manager Nosipho Shandu said there were various permits and visas that foreigners could apply for.
During the operation, those arrested were referred to a detention facility pending court appearances.
“The law provides that an illegal foreigner can be deported. There are two categories of deportation that apply in terms of the Immigration Act. The one being the deportation facilitated by the department and the other being deportation where an illegal foreigner is given the order to leave the country.”
She said on July 3, the man and his lawyer collected the passport which was seized during his arrest.
“The investigation revealed that at no stage did the foreigner apply for a permit in terms of the Zimbabwean Dispensation. The order to leave the country is issued to a foreign national who confirms that he has the means to repatriate himself or herself. Had the foreigner indicated that he had no means to repatriate himself, the department would have offered this service.”
She could not comment on the man’s belongings not being returned.
Police spokesman Mthokozisi Ngobese confirmed that a case had been opened.
The Mercury