File photo

Cape Town - A Western Cape judge on Monday called off an inspection in loco of the Milnerton police station holding cells after three immigrants - who challenged the lawfulness of their detention during Operation Fiela - were taken to a deportation centre.

Judge Dennis Davis was expected to conduct an inspection of the conditions under which the Zimbabwean nationals were being kept before he made a formal judgment this week.

It was argued in court that the police station did not fit the criteria for a detention facility to confine Lloyd Muchatisi, Febbie Chidhakwa and Patience Mupanduki.

Judge Davis told the Cape Argus: “There was no point for me to visit the police station because they (the Zimbabwean nationals) were transported to the deportation centre. However, I will be making rulings on other aspects of this case during the course of this week.”

Judge Davis would have weighed up competing arguments - the rights of the immigrants in terms of the Immigration Act versus the Department of Home Affairs’s obligation to enforce the law. The Zimbabweans approached the court last week, arguing that the conditions in which they were being held were not acceptable in terms of the law.

[email protected]

Cape Argus