INTHE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASENO: {In the matter between: LAWYERS FOR HUMAN RIGHTS. Applicant and ‘THE MINISTER OF HOME AFFAIRS First Respondent ‘THE DIRECTOR GENERAL OF HOME AFFAIRS Second Respondent LEADING PROSPECTS TRADING 11 @TMLTD Third Respondent ‘THE MINISTER OF POLICE Fourth Respondent ‘STATION CONMANDR: JOHANNESBURG CENTRAL, POLICE STATION Fifth Respondent INDEX10. 12 13. Document Notice of Mation Founding Afidavit: Elzsmar Tempexman Annexure “ET1" LHR Constitution Annoxute “ET2" Court order dated @ May 2015 ‘Annexure “ETS Afdavit by Nthabisong Rat ‘Annenure “ETS: lfidavit by Nomfundo Mbhelo ‘Annexure "ETS" Adavit by Angela Moyo ‘Annexure ETS" Afidait by Winnet Cropes ‘Annexure ET" Letter from LHR dated 9 May 2015 ‘Annexure “ETS List of Names of Detainees Annexure “ET6" Confimatory Alidait by Ka Yan Leung Annexure “ETS” Confmatory Affidavit by Zibusiso Wayne Nevbe “Annexure “ET6": Confimatory Afidavit by David Eugene Cato Page 16 728 05 387 38-40 442 43-44 45.46 4750 51-52 55-56 87-58INTHE HIGH COURT OF SOUTH AFRICA (GAUTENG LOCAL DIVISION, JOMANNESBURG CASENO: In the mater between: LAWYERS FOR HUMAN RIGHTS Applicant and ‘THE MINISTER OF HOME AFFAIRS First Respondent ‘THE DIRECTOR GENERAL OF HOME AFFAIRS Second Respondent LEADING PROSPECTS TRADING 11 @THLTD ‘Third Respondent ‘THE MINISTER OF POLICE Fourth Respondent ‘STATION COMMANDER: JOHANNESBURG CENTRAL { POLICE STATION Fifth Respondent i NOTICE OF MOTION TAKE NOTICE THAT an appiction wil be made belore the above Honourable Court on ‘TUESDAY, 12 MAY 2015 at 10h00 or so soon thereat Counsel may be head for an ordee In the following terme:z Dispensing so far as need be, with the forms and services provided orn the Uniform Flas ‘of Court and cisposing of this application at such ime and place and in such manner and according to such pro:edure a this court deems it in terme of Fue G12) ofthe Rules ofthis cou; Intedcting the First and Second Respondents trom deporting any detainee arrested on Friday, 08 May 2015 bythe respondents, fora period wo weeks rom the date ofthis order, ‘or until such ime as, smpoyees of he Applicant have taken instructions fromthe detainees Usted in Prayers 4 and 5 below, special relating to Insrutione cn, but not restricted to, ‘heirlogal status in Seuh Aca and he lawiuness of thir deportation under the Immigration ‘Act 13of 2002, whichaver isthe ater Directing tat he Rsondents ar to produce alist tothe Registrar of ths Honourable Court and tothe Appicant ofall persons arrested on 08 May 2015 by the Respondents and uch lst isto include each persor's name, reason for detention and current lection by no later than 1200, Wedneseay, 13 May 201 Directing thatthe Respondents ae o alow access to employees of the Appcant without 48 hours noice of intention to consult and with ling the number of detainees that the employees ofthe Aplcant may consul wih, in oder forthe employees ofthe Applicant to ‘consist with al persens, on Thursday, 14 May 2016, at O9hOO, at wherever they may be detained, aslisid harounder 44. Alx Chit Chlambo; 42. Sydney Tehama: 43, Gvamoce Moyo: 4.4 Nyamayavo Masekadze: 4.5, Munyarod eto 48, Vecount Svodsiva; and47. Beauty Jaci, 5. Directing thatthe Respondents ae o alow access to employees ofthe Applicant without 48 hours noice of intention to consult and wih Imiing the number of detainees that the ‘employees ofthe Applicant may coneul with, n oder fr the employees ofthe Apotcant consul wit al persons who express an intersion to consut with the Applicant, on Thutsday, 14 May 2015, at 03h00, at wheraver they may be detained 6. Directing thatthe Respondents are to allow employees ofthe Applicant to consult as detailed in prayers 4 and § above, wit all these detainees unt 16H00 and to cau on each ‘subsequent werk dy at O8h00 and to remain in attendance unt! 16h00, unl such tne as every detainee sted prayers 4 and 5 above, has 50 conse. 7 Directing thatthe Respondents are to pay the costo his application on an atforney and int scale; 8. Granting such further andor alternative rae as this court deems fi. TAKE NOTICE FURTHER THAT ihe Aida of ELZEMARI TEMPERMAN wit bo used at the ‘eating of his mater, TAKE FURTHER NOTICE THAT the Applicants have elected the address and contact ‘ntormation below for urgent telephonic communication by mobilephone and e-nall TAKE NOTICE FURTHER that if any ofthe Respondents intends opposing tis application, they are required to 1. Noliy the Applicant's Atomey in wring by MONDAY, 11 MAY 2018 at 14h00 oftheir Intention o oppose. 2 Anpointin such notification an address within 15 klmeters ofthe Registrar at which he, she ri wi acept service of al process in these proceengs; and4 8. Daliver any adits that they may desire to delver in answer tothe allegations made by the Applcart on MONDAY, 11 MAY 2015 at 16h00, TAKE NOTICE FURTHER that the Applicant wil fle his replying affidavit, if any is required, by TUESDAY, 12 APRIL at 08h00. KINDLY PLACE THE MATTER ON THE ROLL ACCORDINGLY. DATED AT JOHANNESBURG ON THIS THE 11” Day of MAY 2018: Agfuteer PER: LIESL MULLER, |LAWYERS FOR HUMAN RIGHTS, JOHANNESBURG LAW CLINIC Attomays for the Applicant 4° Flor, Maarangrach Bing 487 De Korte Street Braanfocten, Johannesburg Ph. 011-389 1960 Fax 011-399 2688 Colt 072.628 7608 JO: THE REGISTRAR OF THE GAUTENG LOCAL DIVISION, HIGH COURT JOHANNESBURG AND TO: MINISTER OF HONE AFFAIRS First Respondent clo THE STATE ATTORNEY, JOHANNESBURGAND TO: AND To: AND To: AND To: 10" Foor, North State Bulcing 9 Marka street Johannesburg ‘Tek:011 390780 Fax 011 997 6200 FR: MK Lekabe/ MeN. Gavendor mai: Kekabe@ivstee gov za DIRECTOR-GENERAL: HOME AFFAIRS ‘Second Respondent Department of Home Aare Halark bulaing 1200 Johannes Ramokhoase Srset Pretoria Fox: 086 512 7264 mall: Maselenzpleri@ha.cov 20 / deon erasmus® cha gov za LEADING PROSPECTS 111 (PTY) LTD Ua BOSASA Third Respondent cloHegan Loves (Service via email per agroomes sala chaske @hoganlovts com) THE MINISTER OF POLICE Fourth Respondent YO THE STATE ATTORNEY, JOHANNESBURG 10” Foor, Noh Stale Buleng 95 Market Street Johannesburg Tet 011 9907780 Fax011 337 6200 Rel: Mr K Lekabe/ Me, N Govender ‘THE STATION COMMANDER JOHANESEURG CENTRAL POLICE STATIONFifth Respondent 1 Commissioner Steet Jorannesburg 2000 Tek 011 497 7000 Faxc Ol 47 7582 Rat Col. SpiersINTHE HIGH COURT OF SOUTH AFRICA ‘GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NG: In the matter beeen LAWYERS FOR HUMAN RIGHTS ‘Aoplicant and MINISTER OF HOME AFFAIRS First Respondent DIRECTOR-GENERAL: DEPARTMENT OF HOME AFFAIRS Second Respondent LEADING PROSPECTS TRADING (PTY) LTD “Third Respondent MINISTER OF POLICE Fourth Respondent ‘STATION COMMANDER: JONANNESBLURG CENTRAL POLICE STATION Filth Respondent eee FOUNDING AFFIDAVIT the undersigned ELZEMARITEMPERMAN (9080 0083.08 1) hereby make oat aid sats that¢ |. lam an adult female atomoy employed at Lawyers for Human Fights LHR") a 257 Visegie ‘Sreetin Pretoria. | am duly authorized to depose otis adavt on behalf of LAR 2 bring this aplication in terms of secton 8 ofthe Constiuson ofthe Republic o! South Africa, ‘Act 108 of 1996 (the Constitution’ inthe direct interest othe Apaicant. inthe aublc interest ‘and on behal ot group of people who are unable to gato in ther oun name, |. The facts herein contained are (cave where itis otherwise a ted or appears) within my personal knowledge and are rue and correct, and 1 can and do swear posively therste, Wherever in his Afdait | make submissions en the law, I consider that those submissions area core statement ofthe relevant legal principles. ‘THE PARTIES 4. The Applicant is LAWYERS FOR HUMAN RIGHTS CLHAY. It fs @ nonprofit legal ‘organization rogstered under NPO:027-928. LHA's Johannesburg Law Ciric i situated at 4th Foor, the Heerengracht bling, 87 De Kore Steet in raamiontein, Johannesburg. A copy of LHF'sconsituton is atached hereto as Annexure “ETY 5, LHFLhas a dedicated Relugs olloes and has cries in Johannesburg, Durban and Musina. This programme deals wit ‘many aspects of refugee and asylum law and has a spect projet on emigration detention, focusing on the rights of al migrants, but perculrly asylum seekers and reluaees who are Lunlawiuly detained under the immigration At 1 Migrant ighis Programme which s headed in our Pretoria 6. Its through this programme hat LHR has attempted to speak o vavious delanees who have been ceerred to us by communiy ad family members. “THE RESPONDENTS 7. The First Respondent 's the Minister of Home MMfsirs care of the State Attomey, orannesburg, 10th North State Bulking, 95 Market Steet, Johannesburg, The Fist Respondents cited dueto hs pltical oversight ofboth the Immigration Actand the Relugees et4 3. The Second Respondent isthe Drecor-General of the Department of Home Afairs whose ‘offices are located at Halimark Bullng, Johannes Ramoinoase Building, Preioia. The ‘Second Respordait is cited for is operation oversigt of he Immigration Inspectorate at the Department of Home Aas. 9. The Third Respondents Leading Prospects Tracing 111 (Py) Lid whichis the company that ‘operates day-to-day functions of the Lindela Holding Centre Lindel’) where, we are Advised, most ofthe dotinges are being hel, 10. The Fourth Respondent isthe Minster of Poco, care of the State Atlomey, Johannesburg, 10" North State Bulking, 95 Market Stet, Johannesburg. ‘The Fifth Respondent is the Staion Commander, Colond Spiers, of the Johannesburg Central Police Staton, which s located at 1 Commissioner Soe in Johannesburg. 12. The Fourth and Fith Respondents are cited due to thelr knowledge of he people who were arrested during the Joint operation which took pace on Friday, 8 May 2015 and the people who were arested and detained by their ofcials, They are ther ced asthe detainees are or have been detained at Johannesburg Central Police Slaton ‘THE DISPUTE 18. This isan application to eoek he ftlowing cele: 18.1. An urgent interim intercc to stop any deportation ofall delainges who were arested {durng the jin operation which tock piace on Friday 8 May 2016, fr a parod of 2 (wo) \woeks, or unt LHR has consuited wit the detainees mantioned nthe Notice of Motion or any detainee who expresses ther intention to consut with LHI, whichever isthe later, 13.2, An order dreting the respondents to preducs alist of arested and detained persons ‘rom the joint operation on Friday 8 Nay 2018 and to specity each arrested person's name, reason for being detained and currant cation; and 183, An order directing the respondents to allow employees of LHF to consult with the named detainees in he Native of Motion as well ast consul wth any luther detaines10 tho expresses their intention to consult wth LHR from 08h00 unt 16H00 on Thuceday, 14 May 2015 and each consecutive working day until such tne as all said detainees have been consulted with 4 LHA has attempted to consult with he arested and detained incviduals since Friday 8 May 2015 and have been denied accoss fo the detalnees at the Johannesburg Central Police ‘Station, save for two individuals. This is despite a Court Order for access to specied otainees and any detainee who wanted to consult with LHR, which order was granted by CCareae, Jon te evering of 8 May 2015 (the Order) under case number 1439/2015. This Court Orders atached hereto as Annexure “ET2". '5. Non-compliance by the Fourth and Fit lesponcent ofthis Orders being dealt wth under a ‘eparat contompt application with ease number 14985/15 befor this Henwurabte Cour (the Contempt Appication’) and the details of such wil therelore only be billy repeated herein ‘and to the extent itis necessary for background infomation fortis application BACKGROUND 16, Wie the facts of tis application ae similar tothe fact in the Contempt Application, t wish {draw the Court's attention othe sallent facts as related tothe rl sought inthe curent Natce of Maton, 17.On 8 May 2015, LHR was informed tough the media as well as telephone cals from ‘community members that a cint operation had taken place in the ealy morning hours of hat day. 18. The operation had reportedly nvoWved members ofthe South Alcan Police Services (SAPS), the ScuthAfican National Delonce Force (SANDF), the Department of Home Alfars (OHA) ‘22 well as vaious daparmens trom tne Cy of Jonannesturg (tne jon operator’), 19.1 was also reported that agproximately 400 people had been arresied and were being elaine at the Johannesburg Cental Polos Stion, It was further reported thatthe vast majo ofthe detainees wore ocelgn nationals,I 20, The Applicant's employees, belnglawyers working on behalf relugees asylum seekers and ‘other migrants, altempiad to seek access fo the detainees in order to inform them of thee ight under detention and to advise thm of thei igh as result of he arrest and detention 21. Upon arival atthe Johannesburg Contra Poice Staton on 8 May 2015, wo were advised Hat ‘hey would be releasing 60 wemen. My candidate attorneys spoke to two o the women tat leased who provided us wih their addres a Fattis Mansions a the comer of Harison and Simmonds sveets 22, The women fold us that fey were South ican clizens, but hey were arested because they vod with foreigners, 2 We went to their residence where they gave us the names of other people who had been arested. Wo obtained thsi of names rom the esidens of Fates Mansions who requested ‘that we consul with certain persons that ware asted. A copy of heiratfidavis are attached herelo as Annexure "ETS", 24, We wore requested to consult wth 24.1, Alex Ohistopher Chilambo; 242, 24a. 24 245. Muryarads Maton; 248. Viscount Svodzina and 247. Beauly Jacke 25, Subsequent to this, we retumed to the Johannesburg Police Staton and were advised tat it ‘was “oo ful" upstairs and throtore there was ne space fr consultation. He said thal "Home ‘Allaire was busy with them. | elected to consult wit atleast one cent anyway,It 25. Captain Mabusea tld us that my candidate attorney, Tendayi Faith Murat, who speaks ‘Shona, and myself could attend atthe cells to speak lo one ofthe detainees, Mr Givemore Moyo. 27. We started the consultation with Givernore Moyo at 12:35. At 12:00, we were informed that it he dd not leave the cansitation now and go back upstairs, he would mics he food that was ‘being given tothe other detainees. He went upsais to get his food and we were unable to contin wih any futher consutatons. 26. Due tothe cbstuction by the polcw officials to the tents on our Hs, as well as the olor ‘lens who ha the ight to legal consultation pen arrest and detention, we relured tothe ‘office to prepare an urgent cout application for access to our cents and any further detain ‘iho requested a consultation with an employee ofthe Applicant 28, The urgent application for access was launched and the order of court (Anne«ure“ETZ) was ‘made by agreement betwean the Applicant anda State Atiomey, Mr Lekabe. 90. Th following day, Saturday 9 May 2015, at approximately 10:19, LHR sert a llter tothe Officer in Command of he Johannesburg Central Plice Staton and to General Hendkcks to inform them that we wal be attending atthe Johannesburg Cantal Pole Staton to consulta terms o the Court Order. A copy of his oto i attached hereto as Annexure “ETA”. 31, Subsequent fo sending this eter, certain employees ofthe Applicant (the temporary shelter ‘10up of employees", including Kayan Leung, whose confirmatory adele tached hereto, attended at the Christ Church Temporary Shalter (the temporary shelter’) and other ‘employees ofthe Applicant atonded a the Johannesburg Cenizal Poce Staton, 22, The temporary shelter group of employees wpoke fo approdately Ze (erty two) women with their children, including @ number of asylum seekers with expired permits wh had been promised the renewal of permitsin February this yar. 38, The temporary shelter group of employees consulted with 22 (twenty two) foreign ational ‘women whohave been detainadat the temporary shelter and hey were acvised by our certs ‘hat they were relocate fo the tomporary shelter because they had smal chilren wit her, ut thatthe Department of Home Alas ("OHA") sal to them tat they were going o deport ‘hem on Wednesday 13 May 2015,13 ‘34, Amongst the 22 (hrenty bio) wornen detainees were 11 (eleven) asylum seekers who had lodged asylum cleims with the DHA. The information provided tothe temporary shelter group ‘ol employees wil beset out under the next heacing “INFORMATION OBTAINED THROUGH CONSULTATIONS” '35. The remainder ofthe employees ofthe Applicant, incusing myeet tended at Johamesburg Contral Police Station, We were eventuly allowed access to (we) of our cents and began conauited with them. We consulted with Givemore Moyo and Sycney Chima. 96. We were interrupted by Commander Lembede who advised that Commander Spiers ad said that we were not allowed to consurt wih the lens whe Home Affas was busy processing and we were oid to leave, 37. We were relered io Home Aas officals on the fist oor, We spoke to Assistant Director Mncedisi Nélovu ct Department of Home Afars, We showed him the Cout Order and gave him a copy ofthe Court Order that authorizes us to consult with the detainees and he said {hat they oid not know anything about the court ordor and slated that here se procedire that needs tobe followed, 38, As we were leaving a detainee gave me alist of names of people thal wanted to conaut with the Appscant, but his ist was ripped rom my hands by an immigration offical in civilian clothes whom 1 had seen processing detainees with unformed immigration officers. 39. We continued to receive telephonic requests from deteinoes speciicaly @ Mr. Jimmy ‘Tharadza, andor tec families to consult with them. We have further received ¢ list ofnames {tom Secton 27, a non-government organization, and were requested to consuit wth the People onthe is. |ttach hereto as Annexure “ETS® thelist of names received trom Section 2. 40, We wore denied ll futher access. 4 We have not been able to consult withthe cients Usted, as well as other persons who ‘expressed an intention to consult wth us. 42, We slated preparing an urgent cantmtof court applicalion io be heard on Sunday, 10 May 2016. We reached a vebal agreement withthe State Atlomay, Mr Lekabe, thal we wasld be ‘lomed access lo our cents and aryona laa whn eyprassae an intention fo eon with an @| oH a4 4 ‘employee ofthe Appicant at 0h00 on Sunday, 10 May 2915, failing which we would launch an urgent contempt apaication, (On 10 Nay 2018 and at about 09800, employees ofthe Appican, including mysel, attended ‘atthe Johannesburg Central Police Staton and were again denied access, A approximatty 11:00 the Stale Attomey Nelson phoned David Cote of our afces to inform tim that it we return to the Johannesburg Cental Police station n 10 minutes, we willbe able to consut with detainees, We retumed to the Johannesburg Central Police station and requested lo see the Station ‘Commander, Commander Spiers, who advisedus tha he had been only been gvon 7 (eeven) ‘ames that we were entitled to consut with Wie contested that we were only entitled fo consi wth th 7 (eeven) named detaine ‘explained thatthe court order entitled us to consult with any detainee who expressed an Imtention to consult with employees ofthe Applicant, ana We wore agsin advised that we wore only ened to consult wit the 7 (seven) names detainees. Following this we served the urgent contempt of court application on the (Commanding Oicer, Commander Spiers (Commander Spiers then requested his offers to “prepare” the deinees. While we were ating on the ground flor of the station, the Home Aas offal Mr. Nebowu then alowed Wayne Neube and another candidate attorney to follow him othe cls inorder o consult wi the detainees stein the court order "informed him tht am an attomey of the High Court of South Aiea and showed him my ‘tga cour order for admission, He sald that its not eutfcent and thathe needs a business card which incites that | am employed by the Applicant tied to explain hat only started work at LHF on Monday the 4" of May 2016 and that my business cerds had not yet been Printed ard he sil refused me access. ‘A few minutes aftr our colleagues went upstairs to consult withthe detainees, Commander ‘Sper informed us that no one is alowed to consult upstas and thatthe detainees willbe ‘brought down in order for he coleaques, approved by the Home Atairs oficial, to consuit wit ham,IS ‘51. My calleagues were yet again brought don to reception and we wer fold ovat, We waited ‘or approximately 40 minutes when Commander Spars alloned Wayne Neube and another ‘candidate attorney acess to oly the three detainees thatthe found the cels and who are listed in the cour oer. '52. Wayne Noube and another candidate atomey conse wih 521, Alex Ohistpher Chaambo; 522 SynayTehuma; and £23. Glvomere Moyo. 153.1 was informed by palce officers thatthe cher detainees listed inthe court onder are not at the station and they do not know where they ae, 54, We have been advised ty one of ho South Acan woman seeking access to heir detained Parmers thatthe detainees would soon be Wransfered to Lndala to avait derotation. This Was confimed by ene of the managers atthe temporary shelter, Me Sarah, tat there is a eportation scheduled for Wednesday. INFORMATION OBTAINED THROUGH CONSULTATIONS Christ Church Temporary Sheltor 55. While | accept that the above information may be hearsay, i as not possible in the ited time avaiable tos in preparing this application fo conf al ofthe information by way of alfdevit. In any event, the above is included in arderto show the plural of claims and the: necessity of ensuring proper consultations with detainees inorder to give them proper advice ‘egarcing their datenion and penaing deportation. 6. Ast o he dotanges tnat were consutes with atthe tomporayy shelter, as well ‘summary oftheir asylum seeker staus, where applicable, is hereunder: 56.1. Esnat Lyaya (Malan)lo 58.2, Policia Jato (Malawi) 56.3, Nancy Chau (Zimbabwe) 58.1. Ms Chauke isan asym seeker who arrived in Souh Acai August 2014 and ‘ppb or asym through immigration oficial inthe employ othe DHA during January 2015 a the Ceniral Methodist Church in Johannesburg, Ms Chauke ‘vised that her ingerrints were taken and forms completed on her behall boyan trmigrton oficial Ms Chauke further advise that she was ol that the DHA was ‘come back with asyum fi) 158.2. Ms Chauke advised us tat she is heavy pregnant and due on 12 May 2018 ‘nd is terofoe unfit to vavetin case she requires medical attention; 56.4. Deborah Neomo Zimbabwe) 585. Miriam Dube (Zimbabwe) 585.1. Ms Dube isan asylum seeker who artved in South Afica in 2600 and duly ‘opted for asylum athe Musina Retugee Reception Ofce during 2009; 5652. Ms. Dubs advises us tha she had lest her asym permit and carat recall the permit number 5853. Ms, Dubeiscurenly 7 months pregnant; $88, Future Musckanwi Zibabwe) 566.1. Me Musickanw is an asylum seeker who arved in Souh Alcan 2008 and rider asylum athe Musina Refugee Reception Ofc: 985.2. MeMusckanw advises us hat she lost her temporary asyum pemitia 2013 ‘and cannot ecal her permit number, 58,7. Chipima Macaranga (Zimbabwe): $8.8, Loice Hove Zimbabwe) 588.1. Ms Hoveis an asym seeker who atvedin South Acain 2008and eppied for asyum atthe Marabastad Retugee Reception Office in 2010,55.82, soa, 569. 56.10. et seat. I} Ms Hove atvses us that sho cannot recall her permit number and that she lost her temporary asylum seeker permit in 2010 Ms Hove advises us than January 2015, immigration officals from te DHA, ‘nrvod atthe Central Methodist Church in Johannesburg and processed her ‘fingerprints for he purpose of obtaining a new asym pert Letwin Mpotu (Zinbabw lrone Magwidl (Zinbabwe}; Abigi Maphosa (Zimbabwe) ‘Ms Maphosa is en asylum sesker who arved in South Afica in 2019 ane ‘applied for asylum atthe Musina Relugee Recepton Otce 5611.2 Ms Maphosa advises us that her perm is expired and that she does not recall her permit number, 56.119, Ms Maphosa further advised that her husband, Lyion Moyo, wae also 52 56.124. arrested ancis curently detained atthe Central Poice Staton. Ms. Maphosa has requeste that her familys not separated: ‘Sharon Muchemsa Zimbabwe) Ms Muchemua is an asylum seeker who arrived in South Aca in 2007 and ‘applied for asylum at the Musina Refugee Rcepion Otie in October 2007; 56122, Ms Muchemwa advises us that she lost her permit and cannot recall the emit numba. In January 2015, her fingerprints were taken by immigration officials rome DHA at the Central Methodist Church and was informed that it was for he purpose of helping them with their asylum papers: 56.123, Ms Muchema advises us that she has some chronic condltion that requires ‘edica tenon. She attended at Helen Joseph Hospi on 8 May 2015 ‘2nd was vised to retum to the cardiology department for futher assessment.1% 56.13. Precious Nyon! (Zimbabwe); 56.14 56.141, 56.142, (Cynthia Nkosi (Zimbabwe); [Ms Nos! isan asylum seeker who arvedin South Aticain 2008 and applied for asylum atthe Johannesburg Relugee Reception Otic. Ms kos! i in possession ofa copy of her expired permit with he pemit number marked sHEzWe9630508, ‘Me Nos advises us hat she was assistedby imigraon fis in January 2018 with comploting new asylum farms and fingerprinting at the Cental Methotst Church and was informed that DHA would halp them get new ssylum documents 56.15. Beauty Jel Zimbabwe) 56154 60.182 56.16. Ms Joke an aoylum seeker who anved in South Aca in September 2008 ‘nd apated for asyum atthe Johannesburg Relugee ception Ofce in 2008, Ms Jel advises us that hor prmitisexpied but reall that he permit rumors JHBZWES940706 Ms Jki further nts us that her ingerprints were taken by immigrtion fils n January 2015 forthe purposes of renewing her old permit, ‘Amanda Sins (Zimbabwe); 5617. TemwamianaFathel (Zimbabwe); sa18, Rhoda Kavena Amiona (Mala); 55.19, Sara Mis (Mata): $6.20 5620.1 Linda Hamada (Zimbabwe) ‘2 asyium seeker who artvedin South Alia in 2010 and applied fr asyum atthe Johannesbura Relugee Reception Office14 58.202, Ms Hamadeiip informs us that she was assisted by immigration ofits at ‘he Central Mathadet Church in January 2018 where she wa oldthey would return wit new permis for her asylum application 58.203, Ms Hamadeip| advises us futher hat on 8 May 2015, an inmigration offal atthe Johannesburg Central Pole Staton forced her to sin depertaton fom despite the fact she had verballed her uwitingnss to retum to Zimbabwe: 5621, Mavis Musavengans (Zimbabwe) ‘5821.1, Ms Musavengana isan asylum seeker who avd in Sout Africa in 2010 ‘nd appid for asylum. Ms Musavengana advises us that ste cannot recall the temporary asylum permit number, 56.212, Ms Musavengana ad\ses us that she was assisted by immigration officials fram the DHA where her ingerpints wee akan forthe purposes of bianing sew asytum documents: 50.22, Feith Moyo (Zimbabwe) 56.22.1, Me Moyoisanasylum seeker who arvadin South Aticain 2010 and applied forasyiur. Ms Moye advised us tha she cannot ecal the temporary asym pormit number Givemore Moyo 57. Givemore infrmedus athe entered South Aca onthe 18% of Api 2015 athe Bait Bdge Border via bus. He was informed he has lve days in South Africa, '58.On the morning o he B® of May 2015 two oficat dressed in SAPS uniform bnocked on his oor and when they enteed they asked whether he is in possession ofa arm, He tld them that he doesnot have a firearm but thoy searched his heme anyway. Once the officers finished withthe seerch and they wore sated tha there are no firearm, theo him: "e's 90" They didnot al him why he ls being arested or showed him a warrant.Ze 59, Once they reached the ground floor, they asked him to show them his papers. He produced 8 vals passport with passport number EN320222 which was lsued on O4/122014 and which will expe on 0971272024. 60. Te ofcers then fold him o get ino the SAPS vehicle which contained alot’ people already ‘and once the vehicle was ful, they drove to the Pelice Station, They were od lo ston the oor where cloths had been laid out and that is where they eat ines thelr anes at 4am un we consuted with him at 12:40, 51. Givemore informed us that they have not received food or water yo atthe time we consuited wth him. The only ting that was given to them was a piace of paper to sgn. When he ‘enquired what he was signing, the oficial just eld him: “sgn i, you are being deported” He: id not want to ight with the offeial, 60 ho signed the paper which contents he dd aot understand, Sydney Tshume 62, We consuted with Sydney Tshuma, an adult male national of Zimbabwe who acvised us tha: 62.1. He amved in the Repubiic of South Atica in or around 2009 and appted for asylum and has been renewing his asylum seeker permit periodealy as requied ‘by the conctions cf his permit. His asylum permit was due to expire towards the fend of May 2015, 622. He esidedat Fates Manson, located.on the comer of Harrison ard Jepoe Steet, wih his bf parner, Angelo Moyo, and 9 month old child Hie Me partner is also an asylum seeker ftom Zimbabmne 623. On May 2015, at approximately sh, 2 poioe offal knocked on the door Of his apartment. When he answered the door, the police ofcils asked what atonaliy he was. When he informed them that he was Zimbabwean, they entered his parent without requesting permission or providhg him with @ warrant authorizing ther ent. 62.4, The pote ofcials ordered him and his fe partner to ay on the Poor whist they searched the apartment. After the search police ofilas then instrcted him to leave his apartment and go down to he streets outside Fates Mansion. OutsideZ the spartment he saw a pumber of innigraion ofcils and South Atcan deterce force members in green army faiques, 62.5. He was questioned regarding his immigration status by the pole officals wino ‘had rected him ouside his apartment. He informed the ofa that he was an asylum seeker and proceeded to show them his asylum permit. The police cla told hr that immigration oflals would look at his permit tthe police station, 62.6. He was transported to Johannesburg Cenral Police Staton in a police van. He rive at he station wit chr detainees at approximately Osh00. A the poioe lation he was provided wit a cloth and inetructed toa on tho cloth on the Hoo. 627. At approximately michight on 8/9 May 2015, he was given & noice of rights in terms ofthe Constitution. This noice indicates tha he was ar legal oreignor 62.8. At approximately 0th0O on © May 2015, he was interviewed by immigration ‘fia fom the Department of Heme fas. They ntrmed him that he would be transerad to Lindela Holding Facility. They Instructed hiro sign a notice of \deporiation. After signing the notice of deportation, the inmigration officials Inguira about tis documentation. He informed the immigraon officals that he was 81 asylum seeker and produced his asylum seeker permit which was ail ‘ald, The immigration oficais took the permit and formes hi that he would ‘ibe transferred to Lindel, 169, Contmatoy ati by Kayan Leung, ibusiso Wayne Neube and David Eugene Cote ll ‘employees of Lawyers for Huan Rights, ae altached hereto as Annexure “ETE”, URGENCY (64. We have been advised by the Lamporary shelter manager as well as the partners ofthe Getainees on Friday 8 May as well as Sunday 10 May 2016 thatthe Deparment of Home ‘Alfairs wil be deporting detainees on Wednesday, 12 May 2015 and this application for an Interim interdict to ctop this deportation unl euch time ao de vlainees have had an ‘opportunity to consul witha legal practioner, should they so choose, (az 65. Employees ofthe Applicant have been attempting to coneut wih ts named cents and any ‘other person who expresses an intention to consult with employees ofthe Appicant since Friday, 8 May 2015 with no success ‘6, We nave been advised through our various but ited consultations that detainees are being {old to sign a Notice of Rights as wel as Natces of Deportation, PREJUDICE TO THE DETAINEES 67. tis clear rom the evited consuittions that LHA was abe to conduct wih the women at he protection carp, as wells te two cients (Givemore Moye and Sydney Tshuma) atthe police lation that there are asyum seekers and rtugees who have been swept up inthis “rime- combating” operation. 168.1 is turer clear that they are being processed by the Department of Home Aller for ‘deportation under the immigration Act and that at east one person, who had his vad asylum ‘seekor permit with him was sl fold to sign natices of deportation. ‘Retugees and Asylum Seekers 169. Tho status of relugee or an asylum sesker is govemed by the provisions of he Retugees ‘Act and not the immigration Act unl such time asa final determination has been made of that refuges status 70. This includes anyone who may have allowed (ether intancnaly or though no fat of thle ‘oun) a refugee or asylum seeker permit lssued under the Refugees Act to expire. In such cases, the appropriate action is to charge that person under section 38 ofthe Refugees Act for faling to abide by @ condition of the permit rather than the die consequences of eportation, 71. Section 2 ofthe Rtugees Act states that no person (whether they are an asylum seeker, ‘refugee or undocumented person) may be removed from the Republe i they wil face persecution which warrants refugee protection in the county of eign.23 "72. Section 21(4) of the Relugees Act also states that no proceedings may by insitted or Continued against @ person under he Immigration Acti that person has applies for asylum or has been granted seugee status, 78. Only a retuges slats determination officer (or theater the Refugee Appeal Board and the Standing Commits fr Refuges Ales) may make a delerminaton of whethe: someone wil face persecusonintheir county of ergin as contemplated by section 24 the Refugees Act 74.1 respectly submt that itis clear that asylum seekers and relugees who are deporte from ‘South ica to unlnown danger belore a fra determination has been made on tel claim for asylum face severe prejusce. As noted above, expied permite or delayed applications can be dealt wih trough other mechanisms under the Refugees Ac. Other undocumented migrants 75.1. not deny that macy of he detainee wil not ha lorhave any claim to refugee status, ry previous asylom or rages permits 76.1 subi, however, hat such Invidvae are no lees deserving ofthe ability to sonst wih a legal practioner tobe informed ofthe consequences of a depertaon under South Afican immigration law. Tris lrchudes“V-Lising” which means being listed asa prohibited person {and not allowed to retum fo South Aca. Is important to explain these conmequences io Individuals wich may intuence any future decisions to ave o South Africa without proper documentation 77. should be noted thatthe Immigration Act does not provide for automatic court review. Detainees who wish contest he lawfulness of detention mus find an aitorney who wling to assist with an intention inthe High Court In our experience, requests under section £341), ofthe Immigration Act are ignored and nt avalabetonigrationcetinees. In any ‘even, section 34(1)[) doesnot pei the detainee to make representations toa magia. FINAL INTERDICT TO ALLOW DETAINEES TO CONSHILT WITH LEGAL PRACTIONER, Cloar Righte Cc |7 78, Section 35(1) and (2) ofthe Constitution ofthe Repub of South Aiea, 1996 deals vith the tights of arrested and detained persens. These rights are not confined to criminal accused, ‘but anyone under detentor. 79,One ofthe most important ight is tobe informed of your ights go thal an arrested person ‘may exercise the rights eed 1o everyone inthe county, no matte the immigration status. 80, Detained persons have the ight "Yo choose, and to consult wth a logal practioner, and to be informed ofthis right promptly.” 81. LHR was informed by famiy members tht they wished for LHR to consul with thei family members delained within the police station, {82 While in the police station, | was also handed list of detainees who wished o consult with Us, but that lis was snatched from my hand by a police ofcer in ciilan clothes. The page Containing the let was fll names and twas clear thet there were mary poopie detained in the cots who wanted to consul wih us, 83, Our experince at the torporary shelter aleo indicated that there were large numbers of people who wanted to const wth us onee the opportunity presente sel, ‘Actual Injury or Reasonable Apprehension of Injury 64. We have been advised thal detainees are being tld to sign @ Notice of Rights and yet the elainees are being denied access to consul wih a legal practioner even after expressing an intention todo o ard ar therefore being denied their constitutonal ight. Tis conetitutonal ight is available to every detainee and not ust South Alcan ciizens and legal foreigners, 25, The detainees are therelore being denied access to consul wth a legal practioner inorder 10 launch proceedings for thar immacate release, in cases where they are asylum seskers, ‘olugees or have vali permits, etenaively In order to consul with a legal practioner anc to hhave the law and consequences of deportation explained to them. ‘No Other Satisfactory or Alternative Remedy 106. Employees of the Applcart have been attempting lo consult wih the Applicants named ‘liens and any other detainee who expresses an intention to consult with employees of the ‘Applicant, but wth no or lrted success,Zs 47. The detainees are being denied access to ther constusonal rights and the Applicant has attempted on previous occasions to consult wih dotainees wo express an intention to const. 88.1 submit hat here is no oer salstactory remedy or alternative remedy except le aporoach this courtin ths manner and on tis urgent basis to protec ll delinee’sconatitufonal rights INTERIM INTERDICT TO STOP DEPORTATION Prima Facle Right £69, The Applicant has been advcod by varicus sources (as explained above) thatthe Department cof Home Ataris arranging fr deportation of detainees tomorrow, 12 May 2016, 90. The Appicanthes also estabshed that some ofthe detainees that have been consulted wth in ourimted access, are asyum seekers, whether they have vad parmits or expired permis. 81, An asylum seeker is subject fo the Retugees Act unl auch time ae i/her asylum clam nas been finaly addicted © and the asylum seeker has received hivher decision trom the Fejugee Status Determination Or, the Retugee Appeals Board orihe Standing Commitee of Rolugoes Alas. 92. Section 2 ofthe Refugees Act provides thal no person may be relused entry nto South Aiea or explled, extradited or rtumed to any other country itt woud resut in the person be subjected to persecutlon or hime ite, physical safety or freedom would be trealened 88, This section Is sociation of he interational principle of non-efoulment. 94, Some ofthe detainees are Asylum Seokers or Relugees and they have the right not to be deported back to county where they wil face persecution or harm, Inreparable Harm 15. Thera ara savera consequences of depertaionUb 96. Should any detainee nothave an asyum cisim and have overstaye thelr permit for whatever ‘reason, they would be put ono the "V-Lit declaring thea prohibited person fr years, which would In tum deny them access to South Area nthe future, 97. Any asylum seeker, whether they have a valid permit curently or nt, would face persecution i deposed back to where helshe came trom, or could feat lor hisher ile, physical safety or freedom. ‘98. submit hat no detains should be deported until such te as they have had the oppertunity ‘of consulting witha tegal practioner in order to have hie ights explained or alternatively has had an opportunity to test he lawfulness of is detention before being deported, 99, After deportation, each detainee will not have access to court lor any elle where helshe is entitled o such rai 100. There is therefor ireparabe harm ifthe detainees ara deported without consulting with a legal practioner of tei choosing Balance of Convenience 10%, | submit thatthe balance of convenience in delaying the deportation unl uch time as each ‘detainee has been alowed to consult with a legal practioner of his or her choice, 102, This is pancuaty £0 when considering the cre consequences tat deportation may have foran asyium seoker or reluge. 103. There also appears to be detainees who are families and are either bath in detention, but ‘separately or only one or two ofthe family members ar in detention and the other nck Boing deported separatly or beng separated by the deportation would have devastating consequences for their families 104, Allo this far outweighs any inconvenience to the sila, which could only possbly be a financial inconvenience, ‘No Alternative Remedy 105. Our attempts cscuss the matter with he police have fled, They have denied us access to me detainees in orer to consutZt (06. In action, our teatment by he attending immigration ofleat, Me Nowy, was futtess in trying to preserve the rights of persons detained for immigration oltre. “07. In any event, the detainees a he temporary shelter were tol that hey would be deported ‘on Wedhesdey 19 May 2015. Unfounately itis necsssary to launch this application and {20k tho protection ofthe Court to prevent tia deportation rom taking place and vicating ‘he rights of the incividuals who have been atested, detained and prepared for depertaton, ORDER TO PROVIDE LIST OF PERSONS ARRESTED 108, The Applicant i acting in he publc Interest hs application and we have not been tld how many detainees thee ar. 109, The Consttuon requires thatthe state always be in @ postion to slate who ls being ‘detained and for what purpose, This isthe reason forthe Applicant asking or the ree hat the Respondents are to provide a tof al persons who were arrested on 08 May 2015 In the joint operation. 110, Once tis estabishes thata parson has been detained, he burden jusiyng the detention ‘ests on he detaining auhorly. Thisis tn reason for requesting hat the Respondents tate Why each person, who wes arrested on 8 May 2015, is being detained and where they curently are, 11. The secretive manner in vhich the respondents and ther oils have acted in this case requires, | espectuly submit the intervention ofthis cour WHEREFORE | PRAY FOR THE RELIEF SOUGHT IN THE NOTICE OF MOTION SIGNED AT JOHANNESBURG THIS THE "DAY OF MAY 2015i TENPERMAN th cory that on the IL day of May, 2018 a, the above deponent appeared belore me and acknowledged to me that she knows and understands the contents ofthe above Mfdavit, which Afldavt was signed and swom to in my presence in accordance with the requirements of Government Notice P1258 dated 21 uty 1072, aa amended, which have been ‘to. ‘COMMISSIONER OF OATHS Conmssoner Of ahs Aomey SECTION2T Sh Por Brean Cente 23 Josen Steet SRANIFONTEN, 201, Annexure “ET2" CONSTITUTION OF LAWYERS FOR HUMAN RIGHTS By the Dom senate the conan of LAWYERS FOR HUMAN RIGHTS adopted by the Board of Trustees on 12 March 200, Bday at Ws etbihadn 1979 and adopted et cntuson on randad 2 eee nson was eter amendad on Peony eee coe ene rence’ S18 AGM 996 and erator mina ences lena Sen ee and Boptins coesneat MHC Held on 2082005, t DASA Democracy Cee, Pretoria, to _aopthisconatition, 4. Name ofthe Organisation iS ee te Ptaa ansa a Seen re 2 Lah minty 21 Uitte wnat as ete sat empas ieee entabca o 22 Without imi the aforesaid, LHR has the. 2 [BR may eer thee constances on nthe utheranc of sane and objectives. 24 Re Sous tet a an eparisaton which sec no pot Atpresant ite | ‘dilerod 38a nor-proft orgnisaton wh region mune NEG Ee/aay |2 sont entered er ab gered nde een apple a ‘on-profiterganisatons rom tne 9 tine, 25 No Empoyse, Board Member rend of LR' shal be labia fer any oft debs, 3 Mission Statement 3-5 LAR does not remote pry pola or sectarian agendas, 4. The LHR Vision 5. Alms and Objectives of LHR edn PPS, upol and stent at human rsa South Afi, denne Pomea hs, sooecrnomte igh ona cane developmental righ, 52. GBR shal edicata and tan indus and organisations nanan Fights anc Aiemocracy SS LAR shal achcate wth appt hetttons fr the promot of human rohis ‘and democracy 54 LHR shall monitor he progressive essen o tama ighsn South tic, I 55 EHR chal partpatein cl ren! ond iertona eso steoathen iataneatl and canoer i crjnctonitctor ogee at ‘natiutions with sir objectives, 5° HR shall develop te domes nd hisratona human igh tw through the se of courts er oher appropriate Instone | 6. Functions and Acthities of LHR. 1 MAR ayers inreseu, sty and pbcatn chun hs even 51$1 63 _ LR may Rate, lodge complaints adnate enquires before any appropiate foram in ado achieving is ams and objctves. LHR may do so nthe rae is lenis, ergarisalons ori is cw name where aporoprat, 64 LHRmay engage inary acy which thers ts ine and objecives, - Non Profit Nature of Organisation 7.4 + LHR shall seek no proft tobe dst-buted fo any stakeholder in or outside the coxgarisaton 72 LHR may charge fees for any taining, conauting or other work pfommed, Such ‘Income shall ramain inthe orgaisation and shal be used fer Rrtarerce oe ‘objectives of Life 73 LHR shal be ented to charge fesforegil saves tothe extant allowed by ‘elevant laws and relevant law societies, more parca it be ens te f N cenigh-f Gecess to legal represetian to immigration getaces at Johannesbug 4 B (Gh Poscs mags cpr vena i 5. The ofcerin comms % BY ORDER REGISTRARAnnex uve "ET3” AFFIDAVIT | the undersigned, NTHABISENG RAT Do hereby declae arid state under oath: 1 lam an unemployed adult female from South Africa and | live at room 809 Fatties Mansion, ent Jeppe and Harrison Streets, Johannesburg, 2 ‘One of the detainees held et Johannesburg Central Police Station is Alex Christopher Chilambo. He is my boyfriend and the lather of my daughter aged 3 ‘months ol, a ‘At approximately 3AM on Friday, 8 May 2015, South African soldiers and policemen ‘surrounded my building, 4 Four poivernen and three soldiers came to my door and kicked it down. They centered without permission and asked to see my boyfriend's decuments. When he tried to show them his passport, one ofthe policemen slapped him across the face. ro é LE ‘ ~@34% | tied to show them my South African identification document, but they would not look at it. The policemen and the soldiers then told me and my boyiriend to go downstairs. | had my baby in my arms the whole time. | was unable to take any clothes, nappies, food or blankets for my baby. 5. 6 When | got downstairs, | saw the soldiers and police beating people. The poice put ‘me and my baby in @ police truck and took us to Jon Verster. When we arrived at the alice etation, the police officials told me and the wllwrs to sit on the cement floor. 'We were not given food or blankels and we did not have access to any tilts. 7. {sat on the floor with my baby until they released me at approximately 12:30PM that ay. | was released because | managed to show the police officials my ID. When 1 rotumed heme, my room was in chavs. 8 thave not seen my boyfriend since he was arrested on Friday, nd t DEPONENT Signed and worn to before at_ae newton res) fom this 117 day of 1 _2015 by the deponent who acknowledges that she is fully conversant with the contents of this statement, she understands the contents thereof, that itis the truth, that she has no objection to taking the prescribed ‘oath and regards the oath as binding on her conscienc:COMMISSIONER OF OATHS FULL NAMES: CAPACITY: BUSINESS ADDRESS: ASHI STEVENSON cConmissione Of Oaks lAtoney SECTION2T sh Foc Baan Cente 7 Josen Suet BRAAMFONTEN, 201Anneyuve "ET3* 4 [ AFFIDAVIT Is the undersigned, NOMFUNDO MBHELE Do hersby dectare and state uncer oath 1 11am an unemployed adult female from South Aca and | Ive at room 608 Fates ‘Mansion, cnr Jeppe and Harrison Streets, Johannesbuc. 2 One of the detainees held at Johannesburg Central Police Staion is Sadiki Mossi {om Burund. He is my boyliend and tha father of my tsa minor etildron aged 3, 4 ‘and 8 years old. a | id not winess the events of Friday, 8 May 2015. However, | received a phone call {rom one of my fends atthe bulding and she told me that my boyfriend had been arrested and taken to Jon Vorster. 4 | have attempted to s8e my boytiond on numerous occasions, but ! have bsen enied access, NeDEPONENT ‘Signed and sworn to before at_ BZ m cow 79 on this _1 day of 0M 2016 by the deponent who acknowledges that she fs fully conversant with the contents of this statement, she understands the contents thereof, that tis the truth, that she has no objection to taking the prescribed ‘oath and regards the oath as binding on her conscience. ‘COWMISSIONER OF OATHS FUL NaNes:. ee) voapacrys BUSINESS ‘AppREss:Annexure “ET 3" AFFIDAVIT | the undersigned, ANGELA MOvO. [Do hereby dectarn and state under cath 1 ‘am an unemployed adut female from Zimbabwe and | ve at 1oom 919 Faties ‘Mansion, cnr Jeppe and Harrison Streets, Johannesburg, 2 Two ofthe detainges held at Johannesburg Central Police Station are my Doytiend, Sidney Tshuma and my brother, Givemere Moyo. My boyd and | have two minor ‘hldren aged 10 months and 6 years ol My son is currently in Zimbabwe. 3 ‘At approximately 2AM on Friday, 8 May 2015, South ican solders and policemen surrounded my building, 4 Two policemen came to my door and kicked it down, The police asked whether my husband and brother ad any firearms. They both replied tht they did not own any firearms. The police then started searching the apartment 43 2 *| An4g After they wore done searching the apartment, the police asked for our documents. However, when we showed them our documents they said they didnot want to see them. My boytiend and brother were pushed outside, s. When we were outside, my husband and brother were arested and put inte a poice tnuck. The police told me that te reason | was not gating arrested in because | had my baby with mo iB "have not sean my beytand and brother ence they wore rreotod on Friday Beye perowenT Signed and swort to belore t_ 2292 AoE) on this _ 17> day of 284 2018 by the deponent who acknowledges that she Is fully ‘conversant with the contents ofthis statement, she understands the contents thereot, that it isthe truth, that she has no objection to taking the prescribed cath and regards the oath as binding on her conscience. aon | rs ‘STEVENSC i conse Ofte COMMISSIONER OF OATHS ate secniON2r Sh Foor Bann Cane ri Cane ue 2 sen Set RAMMED ‘CAPACITY: |Annexure " ET," AFFIDAVIT |, the undersigned, WINNET cROPAS: Do hereby deciare and state unoeroatn: 1 {lam an unemployed adult female from Zmbabwe and | ive at toom 711 Faties “Mansion, cnr Jeppe and Hartson Strets, ehannesburg. 2 ‘Qne of the detainees held at Johannesburg Cant! Police tation i Fath Mazara, ‘She's my sister. a At around 2AM on Friday, 8 May 2015, South Akcan solders and policemen surrounded my bung, 4 | was onthe second feo ofthe bulding geting water when policemen told me to gor bac to my room. | went back to my room and the pole knocked on ny doo. | was: with my sister and her husband. The police asked to see our decuments and we: showed them. They seemed satised with our documents an they moved to the: next apartment. we Y4b 8 My sister thought that the raid was over and started to get ready for work, On her \way out of the buldng, she was stopped by the police and the soldiers. They then put erin palice tuck I am not sure whether she wes caryng her passport or not. "pave not seen my sister since she was arrested on ida. AasunniueJ_ DEPONENT Signed and sworn to before VONTES on this uf ‘dey of nav 2015 by the deponent who acknowledges that she is fully conversant with the contents of this statement, she undaretande the centents ‘hereof, that itis the truth, that she has no objection to taking the prescribed ‘ath and regards the oath as binding on her conscience, COMMISSIONER OF OATHS FULL NAMES: caPaciry: BUSINESS ADDRESS:LAWYERS FOR Annexure “ET” HUMANRIGHTS Sa Creramyrictey Fa May 2015, stn OFFICER IN COMMAND Jokannesbury Central Police Station Fax: 011497 7582 atm: General Hendrie Station Commander: Sohannesburg Cental Police Station South Micon Polce Service Fae 011 497 7582 (Dear sir Madam: URGENT IE: ACCESS TO OPERATION FIELARECLAIM DETAINEES ~ JOHANNESBURG POLICE STATION. 1 Lawyers for Human Rights (LHR) has obtained an Onder of Court issued last evening by Judge Core ofthe Gauteng Leeal Division for arcs to datsinees who were sreste yesterdey dung ‘various rds in the Johannesburg CBO and surrounding areas copy of ths Orders stached hereto as Annexure“ 2. interms of the Order, we are granted acces to the flloningdetainaes: 2A. Alex Chritopher chismibo; 22. Sidney Chima: 23. Ghemore Moyo; 24. Nyamayavo Mazshade; 25. Munyaradsi Mato 26. viscount rods nd 27. besuty cle 3. Imation, the Onder states that we must be given access to any other detainee who requests our assistance ! 4% Our layers are ready to consult this morning. Kindly ave immediate aeess tothe detainees upon | ‘antva, Pease feel to contact Elzemar Termpermar, the attorney lading the consltatons or O76 £832 0908 or Dav ote on 072 628 7698 0 make arangements, Yous sincere, LAWVERS FoR HUMAN RIGHTS ee 4 Vcr ‘es. LLER ye 18 ie LP eed geen BA |Anmeyore “A” i INTHE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG casene 14345 ]'5 als bs a is ho 8" day of hay 2015 ‘Before the Honouratta Justice Caras Intho mater bawoes: LAWYERS FOR HUMAN FIGHTS and -MwuSTER OF POLICE STATION commaNoeR: ‘JOHANNESBURG CENTRAL POLICE STATION ‘Second Respondent DRAFT ORDER — Having heard Course and by agreement betwoen he paris, THE FOLLOWING ORDERIS MADE- |, Dhetng that te terms and sence prvisedforin the Uritom Reso Courts spensec wath and dspesina ofthis aptcaton at such ma and face and in euch mannan% 2, 44 ‘coating to such procedure as this cour dooms ft in tamnsofPule 6 (12) of he Rules of hs out, 2 The olor in command ol the Johannesburg Cantal Pale Staion seected to grant the ‘Arilcant access tothe falloving detainees held at Johannesburg Cental Pes Station fort 2.1, Alx Cstopher Camo; 2.2. Sidney China: 2.5, Mayarade Mato, 2.6, Viscount Svosing; and 2.7, Beauty che, ‘3. The offear in command of he Johannesburg Cental Police Sion f eced to grant the ‘Appicant access lo any further detainee had a Johannesburg Cental Pale Stason who requests assistance ofthe Appcant renter sore ey a am Creme . BY ORDER REGISTRARDateine —cso8-2015wt30m = sO This document: Confirmed Document size: Ad LAWYERS FOR HUM: > : Suess | Eee a | | e:satongent > Compited 1S-Termiata by stemList of detainees refered frm Seton 27 by sms 1 n 2 a 16 2 2 a 25. 26, 28 2. 20. 31 a2 3. a. as. 36 2 38 4. a 3 “4 45, 46 Dickion Maange rian Jimny Timathy Lines Magogo ‘Muryeradai ugove Brighton Gt Siiverster Peter Tendal Hund Mott vans siiba ueben Simberashe Albert ruth Cynthia ‘ue Mayle Blessing Macheso Spice Murefujovis serie Supplier Tinos Tinotende Bey Danie George lao Uncte, Yoland nigerian Mosest Mozambican ‘wallace Obey ely vend Mike Newenya Winky Dehwe ‘Mai Debwa Mai Muabate Madhaia Annexure "ETS" a]a. 8 4 50. sa. 32 2. sa 5s. 56 7 61 8. 6 *7 6. 6. n. n. 73. 74 5 76. 7. 78 2. 20. os 2 ®. 1s. 16. #7, 38 38, Mal Gora Patria Phineas Josphat ‘andes, waitce cousy Neu, Daniel Sengani Nkosiyar xo Devine Lofe vino itt abun! Mambo Protoer Masako Mai Macheso abeon Joseph Mageza ‘amie Bongani Nkosinath sam Sydney Aaron ‘Akon Madore Norman Meniut Tanala Also Drvghton Nosivons usa Needs Washington Comat Davia carts Sherphard Devine PaddintonAnnexure "ET." $3 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NO: Inthe mater between: LAWYERS FOR HUMAN RIGHTS ‘Applicant and MINISTER OF HOME AFFAIRS First Respondent THE DIRECTOR-GENERAL OF HOME AFFAIRS ‘Second Respondent LEADING PROSPECTS TRADING 111 (PTY) LTD Third Respondent THE MINISTER OF POLICE Feurth Respondent STATION COMMANDER: JOHANNESBURG CENTRAL POLICE STATION Fifth Respondent CONFIRMATORY AFFDAVIT |, Ue undersigned KAYANLEUNS 9308300021085) do hereby make oath amd sate tat ® itod 1. 11am an adult female employed in within the Refugee and Migrant Rights Programme ai {Lawyers for Human Rights LHR") at 87 De Korte Street, Braamfontein in Johannesburg, | am duly authorized to depose to ths ffidavi on nal of LR. 2 The contents ofthis efidavit are within my personal knowledge and are both true and correct, 3. I have read the affidavit deposed to by Elzemari Temperman In the present meter and confirm the facts 2s they relate to me ” SIGNED AT JOHANNESBURG THIS THE I!" DAY OF NAY 2015 KAYAN LEUNG 1 cartiy that on the Ll" day of May, 2015 at 427A FON Zi the above deponent ‘@ppeared befere me and acknowledged to me that he knows and undertands the contents of the above Afidavit, which Afidavit was signed and sworn to in my presence in accordance with the requirements of Government Notice R. 1258 dated 21 July 1972, as amended, which have been fed, ‘COMMISSIONER OF OATHS STA STEVENSON Commasoner OF Cas ny |sectION2r ect Bsanenie, Cente Ses BRAAMFONTEN, 2004Annexure “ETE sv IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG ‘ASENO: In the mater between LAWYERS FOR HUMAN RIGHTS, ‘Applicant ans MINISTER OF HOME AFFAIRS First Respondent ‘THE DIRECTOR-GENERAL OF HOME AFFAIRS ‘Second Respondent LEADING PROSPECTS TRADING 111 (PTY) LTD “Third Respondent ‘THE MINISTER OF POLICE Fourth Respondent STATION COMMANDER: JOHANNESBURG CENTRAL POLICE STATION Fifth Respondent ‘CONFIRMATORY AFFIDAVIT eS |, tho undersigned ZIBUSISO WAYNE NCUBE (2N81050) ‘do hereby make oath an state at:st |. [am an adult male employed in the Detention Monitoring Project win the Refugee and ‘Migrant Rights Programme at Lawyers for Human Rights LHR al 87 De Korte Steet, ‘Graamfoniein in Johannesburg. | am duly authorized to depose to thi afdait en behalf of aR, 2 The contents of this affidavit are within my personal knowladge and are both true and correct. 8. | have reed the afcavit deposed to by Elzeman Temperman inthe present matter and | Confirm te facts as they relate to me, SIGNED AT JOHANNESBURG THIS THE 1)" Va ZIBUSISO WAYNE NCUBE DAY OF MAY 2015 U certiy that on the 1" day of May, 2015 at gRaAmconre the above deponent ‘appeared belore me and acknowedged to me that he knows and understands the contents of the above Affidavit, which Affdavt was signed and swom ton my presence in aecordance with the requirements of Government Note H, 1258 cated 21 Jy 1972, 8 amended, which have been tuted. CCommussionen cF OATHS [SASHA STEVENSON Conmisirer Of Oats Ate SecTION? StF, Baan Cente nse Set GRAAMFONTEN, 204Annexure "Eh" INTHE HIGH COURT OF SOUTH AFRICA oF GAUTENG LOCAL DIVISION, JOHANNESBURG CASE N Inthe mater between, LAWYERS FOR HUMAN RIGHTS Applicant snd THE MINISTER OF HOME AFFAIRS First Respondent ‘THE DIRECTOR GENEHAL OF HOME AFFAIRS Second Respondent LEADING PROSPECTS TRADING +14 PTY LTD ‘Third Respondent “THE MINISTER OF POLICE Fourth Respondent ‘STATION COMMANDER: JOHANNESBURG CENTRAL POLICE STATION Fifth Respondent CONFIRMATORY AFFioaVIT | tho undersigned DAVID EUGENE COTE t(8770227) ‘do hereby make ath and sate that: |. Lam an adult male employed in the Detention Morring Project within the Refugee and Migrant Fights Programme at Lawyers for Human Fights (LHF) at 87 De Korte Set, Breemfontein in Johannesburg. | am duly authorized o depose to this affdavt on behalt of Lan, 2, The contens of this affidavit are within my personal knowledge and ere bath tue and correct. 3. I have read the affidavit deposed to by Elzemari Temperman inthe present matter and 1 oni the facts as they relate tome, SIGNED AT JonANNessune THs THE ||” Day oF MAY 2018 DRUM DAVID EUGENE COTE cot tht onthe Lay of May, 2015 at 2 AcanA)_, above daponent appeared before mo and acknowledged 1 me tht He kos and understand he contents the above Aficeit, whieh Alidavt was signed and sworn fo in my presence in accordance wih the requirements of Govemment Notice R, 1258 dad 21 Jy 1972, as amended. wich have beon fut COMMISSIONER OF OATHSIN THE HIGH COURT OF SOUTH AFRICA, GAUTENG LOCAL DIVISION, JOHANNESBURG CASENO: 14996715 Inthe matter betwoon, LAWYERS FOR HUMAN RIGHTS. Applicant ane MINISTER OF POLICE First Respondent STATION COMMANDER: JOHANNESBURG CENTRAL POLICE STATION ‘Second Respendent ‘THE MINISTER OF HOME AFFAIRS Third Respondent ‘THE DIRECTOR GENERAL OF HOME AFFAIRS ‘Fourth Respondent LEADING PROSFECTS TRADING 111 (PTY) LTD va BOSASA Fith Respondent NOTICE OF SET DOWN TAKE NOTICE THAT the above mattr has been sat down fr hasinghafore Carlee in the ‘Gauteng Loca Dvsion Urgent Court on Tuesday 12 May 2016 at 10:00am or as soon tereater {2 the mater may be eoDATED AT JOHANNESBURG ON THIS THE 11% MAV 2016: LAWYERS FOR HUMAN RIGHTS, JOHANNESBURG LAW CLINIC Altoneys forthe Applicant 4 Floor, Heerengracht Bulling 87 DoKorte Street Braamoniin Ph. 011-399 1960 Fax 011-330 2665 (Cet: 072 628 7608 To: THE REGISTRAR OF THE GAUTENG LOCAL DIVISION, HIGH COURT JOHANNESBURG AND 1 ‘THE MINSTER OF POLICE First Respondent clo THE STATE ATTORNEY, JOHANNESBURG 10" Foor, Noth Stee Bung 95 Market Steet sonarnesburg Tel: 011 390780 Fax: 011 397 €200 Ema iekabe@ justice cov 28 / ngovender iusto gov za AND TO: THE STATION COMMANDER JOHANESBURG CENTRAL POLICE STATIONAND TO: AND To: AND ‘Second Respondent 1 Commissioner Street Johannesburg 2000 Tel: 011 $97 7000 Fax: 011 4977582 Ema jhhcantral sc seps,o0v 28 MINISTER OF HOME AFFAIRS clo THE STATE ATTORNEY, JOHANNESBURG 10th Fler, North State Bulesng 95 Market Sraet Jorannosburg Tei:011 330780 Fax: 011 397 6200 Email: Kekabe @ justice cov za /naovender @justice gov za DIRECTOR-GENERAL: HOME AFFAIRS ‘Second Respondent Departmen of Home Affaire Haar ung 290 Johannes Ramokhoase Street Pretoria Fax 086 512 7064 Ema: Mlusolenapleni@.dhe gov za / deon ersemus dha cov 2 LEADING PROSPECTS 111 (PTY) LTD vaBOSASA ‘Third Respondent clo Hogan Lovels (Service va email per agreement: siata chauke @hossniovels. com)