Deportation case of Cape refugee spokesperson hits snag

Papy Sukami (centre) during the Greenmarket Square occupation by the refugees in December 2019. Picture: Ayanda Ndamane/African News Agency(ANA)

Papy Sukami (centre) during the Greenmarket Square occupation by the refugees in December 2019. Picture: Ayanda Ndamane/African News Agency(ANA)

Published Mar 25, 2021

Share

Cape Town - Greenmarket Square refugees spokesperson Papy Sukami’s battle against deportation by the Department of Home Affairs hit a snag on Wednesday when he was informed that the UCT Law Faculty's legal aid service were unable to assist in his case.

Sukami, who is being held by the police, told the magistrate that he had been unable to get assistance on Tuesday.

The magistrate, who had postponed the case on Tuesday to give Sukami a chance to get in touch with the UCT legal service, postponed the case again to this morning, when Sukami is expected to say whether or not he has managed to secure the services of legal aid.

According to the magistrate, legal aid officers can only deal with their prospective clients at the civil court, but cannot access police stations.

The magistrate then ordered the Department of Home Affairs, represented by advocate Tembelani Mayosi, and the police give Sukami time to speak with a representative of legal aid before he was returned to the police station where he is being held.

Mayosi told the magistrate that Sukami had on Tuesday been given access to a telephone to speak to family members who were meant to get him legal representation, but agreed to the magistrate’s order.

Speaking before the case was to be heard, advocate Ian Murray, who is acting as a watching brief in the matter, but not actually appearing for Sukami, said: “His only last stand is to ask legal aid to assist him.”

However, according to the legal aid website, legal aid is available to asylum seekers applying or intending to apply for asylum under the Refugees Act of 1998. However, in civil cases, legal aid is not available to non-citizens.

Sukami’s case is being heard in civil court.

Sukami’s asylum-seeking papers were rejected by the Refugee Appeals Authority of South Africa (Raasa), which is an independent body that adjudicates appeals by refugees who have been denied asylum by the Department of Home Affairs.

Cape Argus