Jacob Matakanye shared the experiences of migrants coming into South Africa via the Beitbridge border post.

1. Messina Legal Advice Office (MLAO)
Presentation on Human Cost of Undocumented
Migrants & Alternatives to irregular entry to South
Africa
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ProudlyServingMusinaCommunitySince1988
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30th of July 2014
Cape Town
Presentation by Jacob N Matakanye
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2. Brief Back Ground History
 Prior to the influx in 2007, As the political situation in
Zimbabweans, in SADC and further afield to the north of
Africa continued to deteriorate coupled with lack of jobs ,
food and other basic needs, as a result of this situation
South Africa has saw an unprecedented influx of
Zimbabweans and other nationalities into South Africa.
 The Zimbabwean political and economic situation was on
the decline for a long time resulting in migrants flooding to
South Africa from undesignated entry points as a result of a
porous border line.
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3. Instruments on Migrants` Rights and
Responsibilities
 Legislation, policies and strategies in South Africa
to manage migrants and migrants’ rights
• Migrants’ rights and responsibilities
• Refugee protection in South Africa
 International Law and Human Rights Instruments
 International Law
 Migration law
 Human Rights instruments
International Convention (1951 UN Convention)on
the Protection of the Rights of All Migrant (South
Africa is a signatory)
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4. OBJECTIVES
• Programme was to facilitate the Protection of the
rights of asylum seekers & refugees and
undocumented migrants in South Africa
• Monitoring & Advocacy
• Access to legal advice
• Rights and responsibility of Migrant
• Access to government institutions
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5. Persons of MLAO`S concerns originate
from the following countries
 Angola Nigeria
 Bangladesh Pakistan
 Burundi Senegal
 DRC Somalia
 Ethiopia Tanzania
 India Zimbabwe
 Kenya
 Mozambique
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6. Categories of foreign Nationals (Migrants)
 Asylum seekers
 Refugees
 Unaccompanied children
 Illegal immigrants
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7. South African Legal Framework for migration
management
The Constitution (Bill of Rights) The Immigration Act (Act no. 19 of
2004) Refugee Act (1998) and refugee protection Refugee
Amendment Act (12 of 2011)
Push factors
Many countries political situation`s are not stable resulting in their
citizens fleeing to other counties for safety
Pull factors
South Africa is a pull fact because of its democracy
and human rights protection in chapter two as contained in our
constitution
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8. Stats
January to June 2012
Age Group Male
(in absolute
numbers)
(in %)
Female
(in absolute
numbers)
(in %)
Total
(in absolute
numbers)
(in %)
0-4 805 58 594 42 1399 100
5-17 1910 71 793 29 2703 100
18-59 11175 74 3935 26 15110 100
60 and > 3 23 10 77 13 100
Total: 13,893 72 5,332 28 19,225 100
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9. Stats
Monitoring Detention Centre 2012
No Month Males Females Total
January 538 135 673
February 1542 85 1627
March 1131 210 1341
April 644 79 723
May 796 128 924
June 685 220 905
July 444 45 489
August 477 31 508
September 581 135 716
October 405 96 501
November 295 109 404
December 112 37 149
Total 7,650 1,310 8,960
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10. Migrants running for safety
 Migrants Leaving their homes and families
 Travelling from one country to another for safety
 Vulnerable to:
Law Enforcing agencies (migrants have no
documentation etc)
 Whether
 Mugging /thief's
 Health risk/illness'
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11. lives lost
 The Limpopo River
Many Migrants have been swept away by the river in an
attempt to cross the river into SA during the day or night
 Crocodiles
Many Migrants have been killed by crocodiles while
attempting to cross the river
 Game farm
Many migrants from different nationalities have been
killed by game animals (lions )as they travelled on foot
further in land seeking safety
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12. No men's Land
 No men's Land is between South Africa and Zimbabwe borders. The
Limpopo river which divides the two countries is where its called no
mans land
 Non of the two countries is responsible for any atrocities committed in
no men's land.
 The period 2007 to 2013
 Many migrants after crossing the Limpopo river were meet by the so
called “Ama-guma-guma”
 Migrants were killed both men and women of different nationalities
 Migrants were raped and sodomised both men and women of different
nationalities
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13. Labour exploitation
 Many farms around Musina employ asylum seekers
and refugees as cheap labours below government
Sectoral Wage Determination
 Employment of minors
 Conflict with citizens
 Law Enforcing Agencies
 Unlawful arrests and detention
 Tearing of legal documentation
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14. Xenophobia
 Incidents of xenophobia around Musina including
such towns such as Polokwane, Malamulela District
 MLAO carried out workshops to both community on
rights and responsibilities of Migrants in South Africa
 However many were killed though we are not able to
provide stats
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15. Challenges
• MLAO is a non governmental organization and is
financially supported by the donor community to carry
out most of its activities
• Sustaining of awareness campaigns is a challenge as in
many instances funding is required
• Intervention of both Zimbabwean and South African
governments in order to reduce instances of
harassment and torture
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16. Thank You
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