Refugees protest at the UNHCR in Pretoria before their removal by police. Picture: Jacques Nelles
The United Nations Refugee Agency (UNHCR) in Pretoria laid trespassing charges against refugees who moved onto the organisation’s premises on Wednesday, leading to police arriving to remove them.
The refugees are resisting their removal at the time of this story being published, with some heard stating that the police can only “remove them in coffins”.
Some have continued to move their belongings onto the UNHCR premises.
Following efforts of police to remove refugees from along the side of the road at UNHCR, some of the refugees jumped the fence.
Police have since confirmed that this action has led to the trespassing charges and them being sent to remove the refugees.
However, despite the trespassing charge being opened, police are unable to access the UNHCR premises due to its sovereignty. The premises is international territory, known as extraterritoriality, which means that local law does not apply.
It has been estimated that there are 620 refugees at the Pretoria offices.
Efforts to contact the UNHCR have been unsuccessful thus far.
The Waterkloof Homeowners’ Association and Brooklyn and Eastern Areas Citizens’ Association had sought the court order directing the refugees to leave the area or for police, the City of Tshwane and Department of Home Affairs to intervene and apply the law.
They argued that the refugees, who are the first respondents in the application were in contravention of municipal by-laws and other applicable laws. Following long winded arguments and disagreements on the proposed orders, Judge Natvarlal Ranchod granted the order on Wednesday.
In the event that the refugees do not leave of their own free will, Ranchod ordered the City of Tshwane, Department of Home Affairs and police to engage with them to ascertain their status in order to find out which of them are legally authorised to reside in South Africa.
By-laws
Ranchod also interdicted the refugees from contravening the by-laws and other laws applicable in South Africa, including causing a nuisance to residents in Brooklyn, Nieuw Muckleneuk and Waterkloof, erecting any shelters, tents or shacks and causing unpleasant or offensive smells.
The refugees have also been prohibited from cooking food, making fires and hanging clothing on fences and trees.
The City and Department of Home Affairs have also been ordered to report back to Ranchod on November 21 with regards to the operation.
Before the order was read out on court, two refugee leaders attempted to address court to explain their concerns. Democratic Republic of Congo national Aline Bukuru told the court that they wanted to oppose the order ,but did not have the funds for legal assistance. Ranchod explained that she could make use of pro bono services, but Bukuru retorted that they would not help refugees either.
“If you issue this order, they will do what they did in Cape Town,” she said.
The refugees have been living in tents and other structures and on pavements since the beginning of October, demanding help in being relocated to other countries due to fear of xenophobic violence in South Africa.
This is a developing story.
Additional reporting by News24 Wire
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