IN A hard-hitting judgment highlighting corruption at the Home Affairs refugee office in Port Elizabeth, the Grahamstown High Court has refused to stop the deportation of an Indian businessman who was in possession of a fake asylum seeker's permit.

Despite the South African Human Rights Commission investigating allegations of human rights abuses at Lindela repatriation centre in Gauteng, where Grahamstown businessman Sony Rajan Deep Singh is being held, the court ruled that the conditions of detention were not reason enough to release him.

Judge John Smith said in his judgment that Singh was in the country on fake papers and had entered into a "marriage of convenience" in an effort to stay here.

According to court papers Singh said he was assisted at the Port Elizabeth refugee office by an "Indian interpreter" who appeared to have free access to officials. After the interpreter had spoken to a number of the officials, he returned with the permit.

Singh was arrested in Grahamstown on May 3 and later moved to Lindela.

Advocate Ashley Moorhouse asked the court to order that Singh's arrest and detention be declared invalid and that he should be released.

Singh claimed that he came to South Africa seeking asylum in 2009, but that his application had not been finalised.

But Home Affairs officials told the court that his application was refused for being "manifestly unfounded" and that he had applied for the decision to be reviewed.

Singh claimed he was "married" to a South African woman, but his application for temporary residency on the grounds of his marriage was refused by Home Affairs last month.

Department official Singatwa Mtiya said when she arrested Singh he had produced a copy of a marriage register, which is used only by officials. He could not explain why he had the whole register and not just a certificate.

He later produced a marriage certificate.

He also had a document looking like an asylum seeker's permit valid until May 2. But the department said it had no record of this being issued, and it was therefore a forgery.

Smith said in his judgment that he accepted the department's conclusion.

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Thu May 23 00:48:50 SAST 2013 ::

Jun 18, 2012

Pointman

Why did he not apply for a residency permit legally. And asylum from what - there is no repression in India. Now they must go after the officials who helped him - and the woman who "married him".
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Jun 18, 2012

somaartakeit

@Pointman, but there is grinding poverty in India, whereas if one is ambitious enough its much easier to make it in SA with all corruption opportunities provided by the anc regime,
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Jun 18, 2012

Pointman

@somaartakeit - okay, if that is the route they want to go, then when they must live with the risk - getting caught and being incarcerated in Lindela.
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Jun 18, 2012

somaartakeit

@Pointman you can not generalise about all migrants, also these caught with fake docs have had fully co-operation from SAn gov officials, in fact its them that are feeding the fake documents corrupt frenzy, even when they are incarcerated in Lindela authorities assigned that task must conduct themselves professionally, ie not loot, assault or rape these ppl as is often the case, this conduct is against the laws of the country, and for us SAns citizens to condone these cause they are being done by our so called security forces against migrants, makes us criminals as well.
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Jun 18, 2012

MommaC

Nkosazana must stop running around Africa looking for votes and start cleaning up Horror Affairs already.
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Jun 18, 2012

uMnuz

Comes as no surprise at all, Dept of Home Affairs are pathetic. The Department of Home Affairs is just like a litter bin FULL WITH RUBISH that needs emptying & sorting.
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Jun 18, 2012

Bebesocs

Singh produced the whole register not only the certificate, this happened in Port Elizabeth.
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Jun 18, 2012

uMnuz

What about the human rights of victims and innocent people? seems to me criminals have more rights. This human rights law is used in the wrong way.
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Jun 18, 2012

uMnuz

I say send all foreigners home, they have no rights.
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Jun 18, 2012

Socrates

At least this will set a precedence in which foreigners with fake papers claim Human Rights false information to seek assylum, now many of them will be deported and their friends who care more about foreigners than Sans safety will have no business anymore. Human Rights my foot when that person has committed a crime and lied under oath.
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