It’s 4.30 in the morning. The first asylum seeker arrives at Home Affairs in Braamfontein. He settles down for a long wait – knowing that there is a good chance that he won’t even be seen. This is a story of people fleeing for their lives.This is a story of people searching for peace and safety.These people are trying to follow the law. They are trying to legally find a safe-haven in South Africa. But after their experiences in these offices and in this country many of them say they would rather go back to their war-torn countries This is their story.
Julia: 07.43.46 “Refugees are not people who choose to be refugees. They also have a home, a country. They didn’t leave their country because they wanted to. It’s because of the wars and problems in their own countries.
Robert 02.37.59 “We had all these messages and images on the television projecting South Africa as a very nice country, a democratic country. The new South Africa. The little I had I thought I could contribute in my own way to foster progress in South Africa. I came with the hope that I could make a mark. But when I got here it was a nightmare.
Raymond 04.44.05 At times we are treated like we are not humans. Dogs are treated better than us.
V/O: There has been fighting in the DRC for x years. Robert Katshiay was not politically active but he became a victim of the circumstances.
“I was an electrical technician back in the DRC. Life was terrible back there. I was repairing telephones and communication equipment so I got accused of collaborating with the rebels and I had to leave.
V/O: Robert, his then pregnant wife and two small children hid on a cargo train to escape arrest. They finally arrived in South Africa in July last year. Immediately, their horror began
Robert at Lloyd hotel “We had just arrived in Johannesburg and we came here to the Lloyd hotel. My wife and children were at the reception desk. I was standing outside trying to sort out the taxi. The police were already here and they stopped me. They wanted to see my papers. I had just arrived so I didn’t have any. So I got arrested. I was locked up and beaten. It was terrible. Finally I found myself in Lindela Repatriation Centre
Robert 02.20.38 “Lindela is not a good place to be. Not a good place for a human. Not a place you can keep your mind sane because the way they treat people there is not human. They use dogs which bite people. They use teargas which causes epileptic fits. And brutal security men beat you with baton sticks People are treated like animals at Lindela.
V/O: Robert was finally released after spending 26 days in Lindela.
Robert 03.23.28 - 56 “This is where I l
ve now. It’s a 5x5 metre room that two families share. Two families with 6 children. It costs R750 a month, which is expensive for someone who hasn’t got anything to do. Life is really difficult. We have to share. If you don’t share it’s difficult to survive
V/O: Julia and her 3 children live with Robert. She arrived in South Africa 18 months ago, fleeing the protracted civil war in Angola. She became separated from her husband and 2 year old daughter. They are still back in Angola.
Julia: “when I arrived here life was really difficult and I couldn’t get in contact with him. It was only later that I heard that my child and her father had been separated. He had been shot in the leg and he was lame, so he couldn’t join us nor could he do anything to help us. I don’t know what has happened to my daughter[cut to] I believe that god is taking care of her like he takes care of all children. And I hope that one day somehow we are all going to meet again. And then everything is going to be all right[cut to] it really hurts me to talk about it but I hope that one day I am going to see her and her father again.
V/O: Julia’s life is a daily struggle. Earning what little money she can, her priority is feeding her children and keeping them safe while she awaits the outcome of her refugee application
Julia 06.16.40 - 17.05 shots of kids counting at tableshopping shots “I have a baby and each month I take her to the hospital. The other two are old enough to go to school, but unfortunately they don’t go to school because I don’t have the money for them to go, so they stay at home with me. life is tough. Sometimes if I have something to eat we share together, but often there is nothing.
V/O: With decades of instability in Africa, refugees have become one of the biggest challenges facing the continent. Last year, over 2 million Africans fled their homes, in fear for their lives, leaving their countries with only the clothes on their backs and the children they could carry.
V/O: As a member of the global community, South Africa has signed the UN and OAU conventions protecting refugees. The 1998 Refugee Act is progressive in its commitment to look after them. So there are both national and international obligations… but South Africa has enough of its own problems. So why should we care?
Brian,“ I think humanity owes it to itself to recognise that it needs to care for itself. And when one presents himself from one country into another, it’s really an extension of that recognition that we are one people. And when one section of us is in dire need of assistance, we should be there to help one another.
“We are told the country can’t afford to share its resources with all these hoards of people who are coming in. and I really want to question the validity of this. we only have 60 000 refugees and asylum seekers in total in this country. If you compare that with Zambia which is hosting almost half a million refugees and its a much poorer country, then one begins to wonder what we are driving at as a country.
V/O: It’s ironic that many of the asylum seekers who are struggling to survive in South Africa, actually have a lot to offer. Many are educated, skilled professionals who were hoping to contribute to society. But as foreigners, their skills are often not recognised.
Vox 1 10.40.34 - 41.00 “I’m a cameroonian and I’m a medical worker by profession in the laboratory. I did my training in the north west province in my country. And due to political reasons I found myself here. But I can’t have a job in my profession. That’s why I decided to sell fruit in the street.
Vox 3 10.38.10 “I got a degree at university I am a teacher
Vox 4 10.36.48 - 37.00 “I am an electrical engineer here. You can see the way I am managing because I can’t get a job here in South Africa.
Raymond 04.14.14 “I’ve forgotten about my degrees because here they useless to me. so I decided to look to the future and live as every day comes.
V/O Up until 1998, Raymond somebody was content with his life in Cameroon. He had a close, united family and never thought he would have to leave them.
Raymond 04.35.30 “What I knew was that we were enjoying our lies, that life was nice, everything was fine. I really love staying in my country. Home is home. It’s the best place you can spend your life because when you are in trouble there are people to take care of you.
V/O: Raymond’s life changed overnight when police wanted to arrest his father, an outspoken member of the secessionist group in Cameroon. Most of his family were arrested and he was advised to leave the country.
Raymond 04.06.36 - 07.05 “You never know what will happen to you when you are arrested. Some people get killed, some people are never seen. Some people stay in jail indefinitely. I didn’t want to be entangled in such a web. So rather than be arrested or killed, I better get out the country. it was not that I was involved, but because my family members are involved my life felt threatened.
Raymond introducing staff
V/O: Raymond has tried to build a normal life for himself in South Africa. He runs a hairdressing salon and employs four South Africans. Despite this, Raymond has been accused by other South Africans of taking away their jobs and dirtying their streets.
Raymond 04.22.04 - 17 “These abuses come time and again. We are used to it. It’s part of life. We just accept it and keep moving.
Police checking permits V/O: But the harassment doesn’t just go away. And it’s harder to ignore when it comes from the very people who are supposed to protect you. Police stop foreigners on suspicion and demand to see their permits. But sometimes, even if you have legal papers - it’s not enough.
Operation crackdown footage (10secs)
V/O: Operation Crackdown was a crime sweep that targeted criminals and illegal immigrants. But some police officers targeted all foreigners - whether they were in the country legally or not.
Raymond 04.15.34 cover with operation crackdown footage “It was one of the awful things that happened to me in South Africa. I’ll never forget it for the rest of my life. Because it wasn’t my fault that I was arrested. …Police officers were asking for papers. I gave my papers to 4 guys. The fourth guy decided to keep my paper. He told me it was fake. He said he would keep it. I begged for it, but he wouldn’t. even when I was in the van I kept begging for my paper, …I was taken to Lindela and locked up there for 12 days. The 12 most horrible days of my life.
HA queue (show for a few secs before v/o) 5am etc
V/O: The injustice of this situation is unacceptable - but most asylum seekers accept injustices as a part of everyday life. Even the new Refugee Act which is progressive in its legislation, becomes unjust in its implementation. Under the new law which came into effect in April last year, asylum seekers are given a section 22 permit. This permit prohibits them from working or studying until their refugee status is determined - and this can take years.
Zonke 13.13.44 “I think it’s unconstitutional actually because our constitution states clearly that refugees should have access to these rights. So if we deny them the right to work, the right to study, we are violating our own constitution.
Robert 02.34.10 “How do I make a living? And with a family to take care of. Its terrible.
Robert 02.54.45 “The system encourages breaking the law. We’re obliged from time to time to break the law in one aspect or another in order to survive. If you choose to respect the law as it is, you are just as well choosing to die.
V/O: South Africa is the only country on the continent that does not provide some sort of material assistance for refugees. Without government assistance, it’s left up to voluntary organisations to do what they can.
Main lady 01.40.46 “we are finished now. No more food. We don’t have extra food”
Main guy 01.37.31 “people from the DRC are many. There are over 500. Today we only helped 270
V/O: Voluntary organisations cannot help everyone. Without government providing assistance, the situation for asylum seekers is dire.
Zonke 13.15.21 - 30 “Refugees and asylum seekers live under tremendous difficulties in this country. I don’t know how they survive, honestly.
Brian 11.35.20 “Now what does a refugee do? He can’t work. He can’t study. There is no support mechanism for food or accommodation. The least he can do press for a speedy determination of his case so he can at least begin to look for work. Any kind of work.
V/O: But the determination process is not speedy. Julia has been in the country for 18 months and still no decision on her status has been made. She has to keep going back to Home Affairs to renew her permit.
“Sometimes they give you an extension for a month, sometimes 2 weeks, sometimes a few days.
Julia : “They keep studying our documents and no decision is taken. We keep coming on a regular basis and it gives you the impression that they like seeing you suffer.
Sally 10.14.20 “I know there are budgetary constraints but this is the busiest office in the whole country and they need more staff. At the moment they’ve got 2 status determination officers for all these people. I mean it’s just not possible.
Sally 10.12.00 - 15 “It makes me angry. Particularly the Somalis and Ethiopians at the moment. They haven’t got in since November 17th. That’s when the refugee status determination officer who did those countries left. And they haven’t got a replacement.
V/O: The Status Determination Officers decide the fate of all these asylum seekers. The SDO’s at Braamfontein Home Affairs have been accused of a lot of things - of personal biases and not knowing enough about the countries they are assessing. Raymond has recently heard that his refugee application has been rejected.
Raymond:04.49.51 “This is the letter that was issued to me from home affairs telling me to leave the country
04.53.23 “they state here Cameroon is a multiparty democracy etc etc (reading)This is proof that HA knows little or nothing about what is happening in Cameroon.
Raymond 04.55.03 “The harassment is terrible there. You just need to say something against the government and that’s enough to get you arrested.
V/O: Braamfontein Home Affairs has rejected all Cameroonian applications for these very reasons. And yet, Cameroon has been specifically highlighted by Amnesty International for its serious human rights abuses. Raymond is now appealing the decision. His fate will be decided in three months time. But if he does have to leave, his shop will close and four more South Africans will be unemployed.
Raymond: “with all these South Africans employed here, it reduces unemployment. And I think I contribute a lot to the South African economy. I think if I had to leave South Africa I don’t know what these four people are going to do.
Queue 6:30am
Robert 02.52.18 - 26 “It has been so bad for me that each time I think of this country and my experiences, I’m thinking of my death. Thinking of a time when I’m already dead and gone.
V/O: For Robert, Julia and the thousands of asylum seekers like them, trying to become legal is the hardest battle they face. All asylum seekers have to get their permits from the Department of Home Affairs. But just getting in to the Braamfontein office is (a nightmare).
Julia 07.24.45 - 15 “It was very difficult to get assistance from Home Affairs. It took me about 2 months before I could get a permit. I went there on a daily basis, very early in the morning. Sometimes I was told to spend the night there. I was there every day and they never served me.
Robert 02.25.50- 26.08 “they said come back tomorrow. When I went they said tomorrow. This went on for three months before I got a permit. So for three months I was illegally in South Africa due to no fault of my own.
V/O: The Braamfontein Department of Home Affairs is the busiest refugee reception centre in the country. It is now 7am. The lines are getting longer. And frustrations are mounting….
Vox 09.47.50 “we are told every day to come tomorrow, come tomorrow, and that’s how it’s always been.
Vox in line 09.49.20 “I’ve been here for 2 months everyday trying to get my papers. We call it our job now, being here every day.
V/O: At 7:30 am , those people renewing there permits are allowed in. The long line of new arrivals must wait.
New arrival line, officials come out and start checking passports
vox 09.46.18 “the officers here say they need someone who has a passport with a south African visa. I don’t have one
vox 10.27.33 (+translation)angry bunch can someone who is fleeing away from a war have a visa? And have all these things they are asking for?
Sally, Human Rights Committee 10.12.20 - 43 “They are from war-torn countries. The last thing as an asylum seeker, you don’t look for your passport when you are coming down here. You grab whatever you’ve got and you run. There seems to be no understanding of that. That’s the worst kind of thing. That’s what makes me really angry.
V/O: Every person has the right to seek asylum even if they don’t have identity documents. Those with papers should be seen without question. But this isn’t happening…
Sally 10.09.54 - 10.12cover with port of entry guy shots
“There’s a guy from the DRC who’s got a port of entry. He entered the country legally and has been given 14 days by the border to come and report here. He’s been here for three months, nobody’s bothered to help him. So it will be a miracle If he gets seen today.
Sally 10.10.25 - 40 “Its all done on a whim basically. It kind of depends on what side of the bed they get out of. That’s how I feel it works. There’s no system. There’s no policy.
Sally 10.09.00 “This is completely unusual. This is just basically to prevent you seeing how the process works out. I guarantee if you wait another 10 - 15 minutes they will be straight back out. [effect]
“They told me to come back after two weeks
“so we’ve been asked to come back after 2 weeks. What happens if we are arrested by the police? What are they going to do to help us?
"I’ve got three months here….[shakes head]
Robert 02.36.31 “in order to get through to Home Affairs you need money to get service
Julia 07.25.10 - 32 “I was there every day and they never served me. it was only later that I realised it was because I didn’t have money to pay my way through. . they said are you still coming. I said yes so they said so you haven’t understood how things operate. I said what do you mean. They said you have to give us something before you can go in. I didn’t have money so there was nothing I could do.
V/O: Accusations of bribery and mistreatment at Braamfontein Home Affairs came up time and again. So Special Assignment decided to see for itself. An asylum seeker agreed to carry a hidden camera to try and expose this corruption.
millan 13.54.5 "the Home Affairs has been accused many times of a lot of things, corruption, poor service etc. But there has never been any proof. And i was hoping that though this you could see one or two things that the general public does not know about and that has never been proven"
V/O: This is a shop where the bribes allegedly happen. This is where interpreters allegedly demand money for access into Home Affairs. Hundreds of rands can clearly be seen changing hands. [when walking back to HA] The interpreter and asylum seeker then walk back to Home Affairs. A part of this moneywill then allegedly be given to officials, who make sure that the asylum seeker is seen. According to all the asylum seekers we spoke to, this is often the only way to get in.
V/O: We had also heard that some officials take bribes directly. But whilst trying to expose this, things went horribly wrong. Our asylum seeker was caught with the hidden camera. At this time, Home Affairs cancelled their interview with Special Assignment and issued this statement "Unbeknown to us, a person filmed secretly which is in bad taste. Home Affairs therefore declines to give any further co-operation." In the days that followed, we saw first hand the very treatment that all the asylum seekers had told us about.
Millan 13.55.38: "as I walked through the corridor, I got to HA officials who recognised me. they said we saw you with the TV people [CUT] They searched me and found the things i came with. from there the whole staff members came in. lots of things were said, phone calls were made that finally brought in the immigration officers, the regional head of home affairs and head of braamfontein.
Millan 13.56.55 "this woman was saying, oh i'm glad it's you. I've been praying to get you and so on. Thank god we got you, why don't you go back to your own country. You can see there are a lot of emotions, personal grievances and so on manifesting itself"
Millan 13.57.50 "They were asking all these questions, one suggested they call in the police. One immigration officer said no we don't want the police. If he goes with the police he can be bailed and that's one thing we don't want. We'd rather take him straight to Lindela Repatriation Centre from then on that's what they had in mind"
Millan 14.12.28 "From the very beginning they gave me the idea that I was going to be deported. When I was in that office and all those officials were there, they made it very clear that i was going to be deported. The head of the office said my case had already been decided and it was just a matter of deporting me.
14.00.01 How were you feeling at this time?"Bad, bad..."
V/O: Despite the Regional Head of Home Affairs being prepared to release him, strong emotions of other officials worked against him. He was taken to Lindela although no charges were laid.
Abeda 13.52.12 "He was detained for allegedly violating a provision onhis permit which read that he was prohibited from being employed while his asylum application was pending. We doubt that carrying a hidden camera is unlawful in this country. What concerned us most was the Dpt of home Affairs threat to deport our client back to his country of origin. This clearly violates both national and international law.
Millan 14.00.31: If you escape, if you get away from your country for reasons of being persecuted and you come to another country hoping to be safe and protected and now you are being sent back to where you fled from there is reason to be scared.
Millan 14.07.15 "You get to the airport, arrested there and then as happened to others. no time to communicate with anyone. So what happens to you is a mystery. Most of the time you are arrested and no one knows what follows after that.
V/O: After one night in Lindela, he was told he would be deported the next morning. He managed to make a phone call to his lawyers who put in an urgent application to stop the deportation. At 11:30 pm, the lawyers rushed to the High Court
Andrew 13.03.50 "All we want at this stage is that he can stay in the country so we can argue about this matter" [runs in]
Abeda 13.43.00 "In terms of the refugee act, an asylum seeker has to have a hearing, his claim has to be adjudicated. he cannot be deported prior to his claim being assessed [cut]
Millan 14.17.02 I have the impression that they just wanted to deport me fast before any of those things came to pass. at the same time it gave me the impression that i was a threat to the whole system"
Andrew 13.01.00 "Quite literally at the 11th hour we were contacted by the state attorney saying that home affairs had now eventually agreed not to deport our client until this matter is resolved. He is still in detention and that's a matter that we are going to try to bring before the court tomorrow."
V/O: While negotions continued the next day - inside Lindela, the agreement was ignored and they were trying to deport him as fast as possible.
Millan 14.03.20 " while i had information from the attorney that everything was alright and there was no reason for me to be deported, the arrangements were already being made, my photo was taken, I saw my ticket. They'd filled in the forms. I was surprised. I felt bad. Then I was thinking, these are some of the things I thought we could expose but then those very things are playing against me and there's nothing I could do about it now"
V/O: He managed to get another phone call out, warning the lawyers that this was happening. Their efforts intensified, and eventually Home Affairs agreed to release him. After 48 hours he left Lindela, without a single charge laid against him.
Abeda 13.39.21 " all our clients who have tried to highlight corruption within home affairs have subsequently faced harassment. they've been ignored, refused access to the building, permits are not renewed timeously, we believe our client will face hardship in dealing with the department in the future
V/O: And the very next day, he was given a letter rejecting his refugee application. Although we had been assured by the regional director of Home Affairs that this incident would not affect his application, the reasons for rejection clearly show it was a deciding factor. [get voice to read you are a spy etc]
Abeda 13.45.26 "in the Wits law clinic experience, there's a clear pattern of behavior from the dpt of home affairs. that is that the department capitulates at the last minute when threatened with an action or when we launch an action [cut] this is a waste of resources and we believe its an indication that home affairs does not want its policies challenged in court"
Millan 14.10.12 "If I have any regrets its that I never succeeded in doing what I wanted to do. To show what I thought I could show so people can understand."
Millan 14.10.35 "I'm only hoping that with a program like this and what we have gone through so far that there will be a change in attitude somehow"
V/O: The lawyers are currently working on his appeal. Meanwhile, his future is uncertain.
Millan 14.07.56 "When the people you are counting on to understand you and to help you are the ones now against you, the ones making life difficult for you, everything is very uncertain. [find a nice ending shot, slo mo moving eyes....]
Julia: 07.43.46 “Refugees are not people who choose to be refugees. They also have a home, a country. They didn’t leave their country because they wanted to. It’s because of the wars and problems in their own countries.
Robert 02.37.59 “We had all these messages and images on the television projecting South Africa as a very nice country, a democratic country. The new South Africa. The little I had I thought I could contribute in my own way to foster progress in South Africa. I came with the hope that I could make a mark. But when I got here it was a nightmare.
Raymond 04.44.05 At times we are treated like we are not humans. Dogs are treated better than us.
V/O: There has been fighting in the DRC for x years. Robert Katshiay was not politically active but he became a victim of the circumstances.
“I was an electrical technician back in the DRC. Life was terrible back there. I was repairing telephones and communication equipment so I got accused of collaborating with the rebels and I had to leave.
V/O: Robert, his then pregnant wife and two small children hid on a cargo train to escape arrest. They finally arrived in South Africa in July last year. Immediately, their horror began
Robert at Lloyd hotel “We had just arrived in Johannesburg and we came here to the Lloyd hotel. My wife and children were at the reception desk. I was standing outside trying to sort out the taxi. The police were already here and they stopped me. They wanted to see my papers. I had just arrived so I didn’t have any. So I got arrested. I was locked up and beaten. It was terrible. Finally I found myself in Lindela Repatriation Centre
Robert 02.20.38 “Lindela is not a good place to be. Not a good place for a human. Not a place you can keep your mind sane because the way they treat people there is not human. They use dogs which bite people. They use teargas which causes epileptic fits. And brutal security men beat you with baton sticks People are treated like animals at Lindela.
V/O: Robert was finally released after spending 26 days in Lindela.
Robert 03.23.28 - 56 “This is where I l
ve now. It’s a 5x5 metre room that two families share. Two families with 6 children. It costs R750 a month, which is expensive for someone who hasn’t got anything to do. Life is really difficult. We have to share. If you don’t share it’s difficult to survive
V/O: Julia and her 3 children live with Robert. She arrived in South Africa 18 months ago, fleeing the protracted civil war in Angola. She became separated from her husband and 2 year old daughter. They are still back in Angola.
Julia: “when I arrived here life was really difficult and I couldn’t get in contact with him. It was only later that I heard that my child and her father had been separated. He had been shot in the leg and he was lame, so he couldn’t join us nor could he do anything to help us. I don’t know what has happened to my daughter[cut to] I believe that god is taking care of her like he takes care of all children. And I hope that one day somehow we are all going to meet again. And then everything is going to be all right[cut to] it really hurts me to talk about it but I hope that one day I am going to see her and her father again.
V/O: Julia’s life is a daily struggle. Earning what little money she can, her priority is feeding her children and keeping them safe while she awaits the outcome of her refugee application
Julia 06.16.40 - 17.05 shots of kids counting at tableshopping shots “I have a baby and each month I take her to the hospital. The other two are old enough to go to school, but unfortunately they don’t go to school because I don’t have the money for them to go, so they stay at home with me. life is tough. Sometimes if I have something to eat we share together, but often there is nothing.
V/O: With decades of instability in Africa, refugees have become one of the biggest challenges facing the continent. Last year, over 2 million Africans fled their homes, in fear for their lives, leaving their countries with only the clothes on their backs and the children they could carry.
V/O: As a member of the global community, South Africa has signed the UN and OAU conventions protecting refugees. The 1998 Refugee Act is progressive in its commitment to look after them. So there are both national and international obligations… but South Africa has enough of its own problems. So why should we care?
Brian,“ I think humanity owes it to itself to recognise that it needs to care for itself. And when one presents himself from one country into another, it’s really an extension of that recognition that we are one people. And when one section of us is in dire need of assistance, we should be there to help one another.
“We are told the country can’t afford to share its resources with all these hoards of people who are coming in. and I really want to question the validity of this. we only have 60 000 refugees and asylum seekers in total in this country. If you compare that with Zambia which is hosting almost half a million refugees and its a much poorer country, then one begins to wonder what we are driving at as a country.
V/O: It’s ironic that many of the asylum seekers who are struggling to survive in South Africa, actually have a lot to offer. Many are educated, skilled professionals who were hoping to contribute to society. But as foreigners, their skills are often not recognised.
Vox 1 10.40.34 - 41.00 “I’m a cameroonian and I’m a medical worker by profession in the laboratory. I did my training in the north west province in my country. And due to political reasons I found myself here. But I can’t have a job in my profession. That’s why I decided to sell fruit in the street.
Vox 3 10.38.10 “I got a degree at university I am a teacher
Vox 4 10.36.48 - 37.00 “I am an electrical engineer here. You can see the way I am managing because I can’t get a job here in South Africa.
Raymond 04.14.14 “I’ve forgotten about my degrees because here they useless to me. so I decided to look to the future and live as every day comes.
V/O Up until 1998, Raymond somebody was content with his life in Cameroon. He had a close, united family and never thought he would have to leave them.
Raymond 04.35.30 “What I knew was that we were enjoying our lies, that life was nice, everything was fine. I really love staying in my country. Home is home. It’s the best place you can spend your life because when you are in trouble there are people to take care of you.
V/O: Raymond’s life changed overnight when police wanted to arrest his father, an outspoken member of the secessionist group in Cameroon. Most of his family were arrested and he was advised to leave the country.
Raymond 04.06.36 - 07.05 “You never know what will happen to you when you are arrested. Some people get killed, some people are never seen. Some people stay in jail indefinitely. I didn’t want to be entangled in such a web. So rather than be arrested or killed, I better get out the country. it was not that I was involved, but because my family members are involved my life felt threatened.
Raymond introducing staff
V/O: Raymond has tried to build a normal life for himself in South Africa. He runs a hairdressing salon and employs four South Africans. Despite this, Raymond has been accused by other South Africans of taking away their jobs and dirtying their streets.
Raymond 04.22.04 - 17 “These abuses come time and again. We are used to it. It’s part of life. We just accept it and keep moving.
Police checking permits V/O: But the harassment doesn’t just go away. And it’s harder to ignore when it comes from the very people who are supposed to protect you. Police stop foreigners on suspicion and demand to see their permits. But sometimes, even if you have legal papers - it’s not enough.
Operation crackdown footage (10secs)
V/O: Operation Crackdown was a crime sweep that targeted criminals and illegal immigrants. But some police officers targeted all foreigners - whether they were in the country legally or not.
Raymond 04.15.34 cover with operation crackdown footage “It was one of the awful things that happened to me in South Africa. I’ll never forget it for the rest of my life. Because it wasn’t my fault that I was arrested. …Police officers were asking for papers. I gave my papers to 4 guys. The fourth guy decided to keep my paper. He told me it was fake. He said he would keep it. I begged for it, but he wouldn’t. even when I was in the van I kept begging for my paper, …I was taken to Lindela and locked up there for 12 days. The 12 most horrible days of my life.
HA queue (show for a few secs before v/o) 5am etc
V/O: The injustice of this situation is unacceptable - but most asylum seekers accept injustices as a part of everyday life. Even the new Refugee Act which is progressive in its legislation, becomes unjust in its implementation. Under the new law which came into effect in April last year, asylum seekers are given a section 22 permit. This permit prohibits them from working or studying until their refugee status is determined - and this can take years.
Zonke 13.13.44 “I think it’s unconstitutional actually because our constitution states clearly that refugees should have access to these rights. So if we deny them the right to work, the right to study, we are violating our own constitution.
Robert 02.34.10 “How do I make a living? And with a family to take care of. Its terrible.
Robert 02.54.45 “The system encourages breaking the law. We’re obliged from time to time to break the law in one aspect or another in order to survive. If you choose to respect the law as it is, you are just as well choosing to die.
V/O: South Africa is the only country on the continent that does not provide some sort of material assistance for refugees. Without government assistance, it’s left up to voluntary organisations to do what they can.
Main lady 01.40.46 “we are finished now. No more food. We don’t have extra food”
Main guy 01.37.31 “people from the DRC are many. There are over 500. Today we only helped 270
V/O: Voluntary organisations cannot help everyone. Without government providing assistance, the situation for asylum seekers is dire.
Zonke 13.15.21 - 30 “Refugees and asylum seekers live under tremendous difficulties in this country. I don’t know how they survive, honestly.
Brian 11.35.20 “Now what does a refugee do? He can’t work. He can’t study. There is no support mechanism for food or accommodation. The least he can do press for a speedy determination of his case so he can at least begin to look for work. Any kind of work.
V/O: But the determination process is not speedy. Julia has been in the country for 18 months and still no decision on her status has been made. She has to keep going back to Home Affairs to renew her permit.
“Sometimes they give you an extension for a month, sometimes 2 weeks, sometimes a few days.
Julia : “They keep studying our documents and no decision is taken. We keep coming on a regular basis and it gives you the impression that they like seeing you suffer.
Sally 10.14.20 “I know there are budgetary constraints but this is the busiest office in the whole country and they need more staff. At the moment they’ve got 2 status determination officers for all these people. I mean it’s just not possible.
Sally 10.12.00 - 15 “It makes me angry. Particularly the Somalis and Ethiopians at the moment. They haven’t got in since November 17th. That’s when the refugee status determination officer who did those countries left. And they haven’t got a replacement.
V/O: The Status Determination Officers decide the fate of all these asylum seekers. The SDO’s at Braamfontein Home Affairs have been accused of a lot of things - of personal biases and not knowing enough about the countries they are assessing. Raymond has recently heard that his refugee application has been rejected.
Raymond:04.49.51 “This is the letter that was issued to me from home affairs telling me to leave the country
04.53.23 “they state here Cameroon is a multiparty democracy etc etc (reading)This is proof that HA knows little or nothing about what is happening in Cameroon.
Raymond 04.55.03 “The harassment is terrible there. You just need to say something against the government and that’s enough to get you arrested.
V/O: Braamfontein Home Affairs has rejected all Cameroonian applications for these very reasons. And yet, Cameroon has been specifically highlighted by Amnesty International for its serious human rights abuses. Raymond is now appealing the decision. His fate will be decided in three months time. But if he does have to leave, his shop will close and four more South Africans will be unemployed.
Raymond: “with all these South Africans employed here, it reduces unemployment. And I think I contribute a lot to the South African economy. I think if I had to leave South Africa I don’t know what these four people are going to do.
Queue 6:30am
Robert 02.52.18 - 26 “It has been so bad for me that each time I think of this country and my experiences, I’m thinking of my death. Thinking of a time when I’m already dead and gone.
V/O: For Robert, Julia and the thousands of asylum seekers like them, trying to become legal is the hardest battle they face. All asylum seekers have to get their permits from the Department of Home Affairs. But just getting in to the Braamfontein office is (a nightmare).
Julia 07.24.45 - 15 “It was very difficult to get assistance from Home Affairs. It took me about 2 months before I could get a permit. I went there on a daily basis, very early in the morning. Sometimes I was told to spend the night there. I was there every day and they never served me.
Robert 02.25.50- 26.08 “they said come back tomorrow. When I went they said tomorrow. This went on for three months before I got a permit. So for three months I was illegally in South Africa due to no fault of my own.
V/O: The Braamfontein Department of Home Affairs is the busiest refugee reception centre in the country. It is now 7am. The lines are getting longer. And frustrations are mounting….
Vox 09.47.50 “we are told every day to come tomorrow, come tomorrow, and that’s how it’s always been.
Vox in line 09.49.20 “I’ve been here for 2 months everyday trying to get my papers. We call it our job now, being here every day.
V/O: At 7:30 am , those people renewing there permits are allowed in. The long line of new arrivals must wait.
New arrival line, officials come out and start checking passports
vox 09.46.18 “the officers here say they need someone who has a passport with a south African visa. I don’t have one
vox 10.27.33 (+translation)angry bunch can someone who is fleeing away from a war have a visa? And have all these things they are asking for?
Sally, Human Rights Committee 10.12.20 - 43 “They are from war-torn countries. The last thing as an asylum seeker, you don’t look for your passport when you are coming down here. You grab whatever you’ve got and you run. There seems to be no understanding of that. That’s the worst kind of thing. That’s what makes me really angry.
V/O: Every person has the right to seek asylum even if they don’t have identity documents. Those with papers should be seen without question. But this isn’t happening…
Sally 10.09.54 - 10.12cover with port of entry guy shots
“There’s a guy from the DRC who’s got a port of entry. He entered the country legally and has been given 14 days by the border to come and report here. He’s been here for three months, nobody’s bothered to help him. So it will be a miracle If he gets seen today.
Sally 10.10.25 - 40 “Its all done on a whim basically. It kind of depends on what side of the bed they get out of. That’s how I feel it works. There’s no system. There’s no policy.
Sally 10.09.00 “This is completely unusual. This is just basically to prevent you seeing how the process works out. I guarantee if you wait another 10 - 15 minutes they will be straight back out. [effect]
“They told me to come back after two weeks
“so we’ve been asked to come back after 2 weeks. What happens if we are arrested by the police? What are they going to do to help us?
"I’ve got three months here….[shakes head]
Robert 02.36.31 “in order to get through to Home Affairs you need money to get service
Julia 07.25.10 - 32 “I was there every day and they never served me. it was only later that I realised it was because I didn’t have money to pay my way through. . they said are you still coming. I said yes so they said so you haven’t understood how things operate. I said what do you mean. They said you have to give us something before you can go in. I didn’t have money so there was nothing I could do.
V/O: Accusations of bribery and mistreatment at Braamfontein Home Affairs came up time and again. So Special Assignment decided to see for itself. An asylum seeker agreed to carry a hidden camera to try and expose this corruption.
millan 13.54.5 "the Home Affairs has been accused many times of a lot of things, corruption, poor service etc. But there has never been any proof. And i was hoping that though this you could see one or two things that the general public does not know about and that has never been proven"
V/O: This is a shop where the bribes allegedly happen. This is where interpreters allegedly demand money for access into Home Affairs. Hundreds of rands can clearly be seen changing hands. [when walking back to HA] The interpreter and asylum seeker then walk back to Home Affairs. A part of this moneywill then allegedly be given to officials, who make sure that the asylum seeker is seen. According to all the asylum seekers we spoke to, this is often the only way to get in.
V/O: We had also heard that some officials take bribes directly. But whilst trying to expose this, things went horribly wrong. Our asylum seeker was caught with the hidden camera. At this time, Home Affairs cancelled their interview with Special Assignment and issued this statement "Unbeknown to us, a person filmed secretly which is in bad taste. Home Affairs therefore declines to give any further co-operation." In the days that followed, we saw first hand the very treatment that all the asylum seekers had told us about.
Millan 13.55.38: "as I walked through the corridor, I got to HA officials who recognised me. they said we saw you with the TV people [CUT] They searched me and found the things i came with. from there the whole staff members came in. lots of things were said, phone calls were made that finally brought in the immigration officers, the regional head of home affairs and head of braamfontein.
Millan 13.56.55 "this woman was saying, oh i'm glad it's you. I've been praying to get you and so on. Thank god we got you, why don't you go back to your own country. You can see there are a lot of emotions, personal grievances and so on manifesting itself"
Millan 13.57.50 "They were asking all these questions, one suggested they call in the police. One immigration officer said no we don't want the police. If he goes with the police he can be bailed and that's one thing we don't want. We'd rather take him straight to Lindela Repatriation Centre from then on that's what they had in mind"
Millan 14.12.28 "From the very beginning they gave me the idea that I was going to be deported. When I was in that office and all those officials were there, they made it very clear that i was going to be deported. The head of the office said my case had already been decided and it was just a matter of deporting me.
14.00.01 How were you feeling at this time?"Bad, bad..."
V/O: Despite the Regional Head of Home Affairs being prepared to release him, strong emotions of other officials worked against him. He was taken to Lindela although no charges were laid.
Abeda 13.52.12 "He was detained for allegedly violating a provision onhis permit which read that he was prohibited from being employed while his asylum application was pending. We doubt that carrying a hidden camera is unlawful in this country. What concerned us most was the Dpt of home Affairs threat to deport our client back to his country of origin. This clearly violates both national and international law.
Millan 14.00.31: If you escape, if you get away from your country for reasons of being persecuted and you come to another country hoping to be safe and protected and now you are being sent back to where you fled from there is reason to be scared.
Millan 14.07.15 "You get to the airport, arrested there and then as happened to others. no time to communicate with anyone. So what happens to you is a mystery. Most of the time you are arrested and no one knows what follows after that.
V/O: After one night in Lindela, he was told he would be deported the next morning. He managed to make a phone call to his lawyers who put in an urgent application to stop the deportation. At 11:30 pm, the lawyers rushed to the High Court
Andrew 13.03.50 "All we want at this stage is that he can stay in the country so we can argue about this matter" [runs in]
Abeda 13.43.00 "In terms of the refugee act, an asylum seeker has to have a hearing, his claim has to be adjudicated. he cannot be deported prior to his claim being assessed [cut]
Millan 14.17.02 I have the impression that they just wanted to deport me fast before any of those things came to pass. at the same time it gave me the impression that i was a threat to the whole system"
Andrew 13.01.00 "Quite literally at the 11th hour we were contacted by the state attorney saying that home affairs had now eventually agreed not to deport our client until this matter is resolved. He is still in detention and that's a matter that we are going to try to bring before the court tomorrow."
V/O: While negotions continued the next day - inside Lindela, the agreement was ignored and they were trying to deport him as fast as possible.
Millan 14.03.20 " while i had information from the attorney that everything was alright and there was no reason for me to be deported, the arrangements were already being made, my photo was taken, I saw my ticket. They'd filled in the forms. I was surprised. I felt bad. Then I was thinking, these are some of the things I thought we could expose but then those very things are playing against me and there's nothing I could do about it now"
V/O: He managed to get another phone call out, warning the lawyers that this was happening. Their efforts intensified, and eventually Home Affairs agreed to release him. After 48 hours he left Lindela, without a single charge laid against him.
Abeda 13.39.21 " all our clients who have tried to highlight corruption within home affairs have subsequently faced harassment. they've been ignored, refused access to the building, permits are not renewed timeously, we believe our client will face hardship in dealing with the department in the future
V/O: And the very next day, he was given a letter rejecting his refugee application. Although we had been assured by the regional director of Home Affairs that this incident would not affect his application, the reasons for rejection clearly show it was a deciding factor. [get voice to read you are a spy etc]
Abeda 13.45.26 "in the Wits law clinic experience, there's a clear pattern of behavior from the dpt of home affairs. that is that the department capitulates at the last minute when threatened with an action or when we launch an action [cut] this is a waste of resources and we believe its an indication that home affairs does not want its policies challenged in court"
Millan 14.10.12 "If I have any regrets its that I never succeeded in doing what I wanted to do. To show what I thought I could show so people can understand."
Millan 14.10.35 "I'm only hoping that with a program like this and what we have gone through so far that there will be a change in attitude somehow"
V/O: The lawyers are currently working on his appeal. Meanwhile, his future is uncertain.
Millan 14.07.56 "When the people you are counting on to understand you and to help you are the ones now against you, the ones making life difficult for you, everything is very uncertain. [find a nice ending shot, slo mo moving eyes....]