Cheba and Others v Minister of Police and Others (520/2018) [2018] ZALMPPHC 6 (13 February 2018)

Cheba and Others v Minister of Police and Others (520/2018) [2018] ZALMPPHC 6 (13 February 2018)

The court found that the applicants are victims of human trafficking and their detention at the Khuseleka One Stop Centre is governed by the Prevention and Combatting of Human Trafficking Act, 2013 (PCTPA). Although the respondents failed to comply with certain statutory obligations, including informing the applicants of their right to apply for a visitor's visa and initiating the prescribed processes, the detention itself is not unlawful. The interests of the State in prosecuting human traffickers and protecting victims outweigh the applicants' immediate desire to be treated as asylum seekers. The applicants' rights under the Constitution and PCTPA must be safeguarded, and the...

Citation
[2018] ZALMPPHC 6
Parties
Applicant: Kasune Abera Cheba; Applicant: Mehrafu Lobegchio; Applicant: Aeyala Gentamo Mantahso; Applicant: Tarekne Orghso Haremo; Applicant: Fekele Anulo Hilboro; Respondent: Minister of Police & Others; Respondent: Minister of Home Affairs; Respondent: Director of the Hawks; Respondent: Senior Public Prosecutor, Polokwane Magistrates Court; Respondent: Manager, Polokwane Place of Safety
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
13 February 2018
Case Number
520/2018
Procedural Posture
Urgent Application / Final Determination in Urgent Motion Court
Outcome
Application dismissed with costs. Directives issued for compliance with the Prevention and Combatting of Human Trafficking Act, 2013.
Judges
D Nair
Legal Topics
Human Trafficking, Asylum Seekers, Detention Without Trial, Visitor Visa, Constitutional Rights, Refugee Status
Constitutional Law Civil Procedure Administrative Law Human Trafficking Asylum Seekers Detention Without Trial Visitor Visa Constitutional Rights +1 more

Case Brief

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Parties

Kasune Abera Cheba

Applicant

Mehrafu Lobegchio

Applicant

Aeyala Gentamo Mantahso

Applicant

Tarekne Orghso Haremo

Applicant

Fekele Anulo Hilboro

Applicant

Minister of Police & Others

Respondent

Minister of Home Affairs

Respondent

Director of the Hawks

Respondent

Senior Public Prosecutor, Polokwane Magistrates Court

Respondent

Manager, Polokwane Place of Safety

Respondent

Procedural Posture

Urgent Application / Final Determination in Urgent Motion Court

Legal Issues

  1. 1 Whether the applicants' detention at the Khuseleka One Stop Centre is lawful under the Prevention and Combatting of Human Trafficking Act, 2013.
  2. 2 Whether the applicants are entitled to immediate release and the issuance of asylum seeker permits under the Refugee Act.
  3. 3 Whether the respondents complied with statutory obligations regarding the rights and treatment of victims of human trafficking.

Ratio Decidendi

The court found that the applicants are victims of human trafficking and their detention at the Khuseleka One Stop Centre is governed by the Prevention and Combatting of Human Trafficking Act, 2013 (PCTPA). Although the respondents failed to comply with certain statutory obligations, including informing the applicants of their right to apply for a visitor's visa and initiating the prescribed processes, the detention itself is not unlawful. The interests of the State in prosecuting human traffickers and protecting victims outweigh the applicants' immediate desire to be treated as asylum seekers. The applicants' rights under the Constitution and PCTPA must be safeguarded, and the...

Court Disposition

Application dismissed with costs. Directives issued for compliance with the Prevention and Combatting of Human Trafficking Act, 2013.

Orders

  • The matter is declared urgent and time periods and forms of service are dispensed with.
  • The application for release from the Khuseleka One Stop Centre is dismissed with costs. Applicants are placed in temporary safe care at the Centre pending transfer to an accredited organisation within 30 days.