Domestic worker gets R180k after illegal detention with baby

The immigration official’s conduct was unlawful and amounted to a violation of the verification guidelines stipulated in the Immigration Act.

A former Birchleigh domestic worker was awarded R180 000 in damages after she had been unlawfully detained with her baby for 72 hours two years ago, Kempton Express reports.

On September 27, the Pretoria Regional Court declared that Selina’s* arrest and detention were unlawful and directed the Minister of Police and National Commissioner of Police to pay damages.

“The magistrate stated that this amount did not in any way measure the amount of pain and trauma suffered by Selina and her daughter,” Faith Munyati of Lawyers for Human Rights said.

Apparently her ordeal began on July 7 in 2015, while she was walking on Stasie Street towards Birchleigh Railway Station.

Upon her arrival at the station, she was stopped by two police officials and was asked where she was coming from and where she resided said Munyati.

She told them she was coming from work and was returning to her home in Tembisa. The officers requested her to identified herself whereupon she produced a valid certified copy of her asylum seeker permit.

“The officials acknowledged Selina’s permit was valid but alleged that the commissioner of oath stamp had expired. She was arrested and told she was being charged for being an illegal foreigner,” Munyati said.

Selina had fled her country of origin due to political persecution in 2010 and applied for asylum at the Marabastad Refugee Reception Office. She was issued with a temporary asylum seeker permit and had renewed it periodically as required.

“Selina’s arrest was unlawful and the police officials’ conduct in charging her with being an illegal foreigner after they had acknowledged her documentation was valid, was unreasonable,” Munyati added.

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https://www.citizen.co.za/news/update-slain-domestic-workers-employer-speaks-out/

– Caxton News Service