Johannesburg - The High Court in Johannesburg has ruled that the detention of migrants at the Lindela Repatriation Centre is unlawful and unconstitutional, the SA Human Rights Commission said on Thursday.
“The SAHRC welcomes the judgment handed over by the South Gauteng High Court in a matter relating to the illegal detention of immigrants against the department of home affairs,” said spokesman Isaac Mangena.
He said the court declared judgment in favour of the commission, People Against Suffering, Suppression, Oppression and Poverty (Passop), and 39 individuals who were detained at Lindela.
The SAHRC and other applicant organisations argued that Lindela's practices regarding detention at the facility were unconstitutional and in contravention of the Immigration Act 13 of 2002.
Lindela in Krugersdorp, west of Johannesburg, is the only facility of its kind in South Africa where illegal migrants are detained while awaiting deportation.