Jailed foreigner held illegally in SA – lawyer

A gravely ill man from the DRC has been incarcerated at Westville Prison in KZN for 11 months. As with the case of many foreign nationals, the crime Abdul Hamiez has been jailed for is not having proper documentation, says a Weekend Argus report. During Hamiez’s only court appearance, shortly after his arrest, he was fined R200 for being an undocumented foreigner, but was unable to pay the fine. Lawyers for Human Rights has taken up his fight after being alerted by DA MP Haniff Hoosen. On Friday, the organisation issued a letter of demand to the Home Affairs Department requesting Hamiez’s immediate release. Attorney Thandeka Duma, said: ‘We’re assisting Hamiez. We sent an urgent letter to Home Affairs for his immediate release; you can’t detain someone for more than 120 days.’ According to immigration legislation, it is unlawful to detain illegal foreigners for longer. A court order is required to extend the detention every 30 days. Spokesperson Siya Qoza denied the department was guilty of any wrongdoing.