[imagesource:creativecommons]
Gauteng police say they acted on “reasonable grounds” when they arrested a 15-year-old girl on suspicion that she was an illegal immigrant.
The teenager from Hillbrow in Johannesburg was held in police holding cells after she failed to produce an ID to prove she was not an illegal foreigner.
Gauteng police spokesperson Col Dimakatso Nevhuhulwi said the police acted on reasonable grounds when they took the teen into custody as they were permitted by the law to do so.
“Section 41 of the Immigration Act requires any person approached on reasonable grounds by a police officer or immigration officer to identify themselves either as a citizen or as a person lawfully present in the Republic,” Nevhuhulwi said.
“The police acted on that basis. The person in question was stopped and requested to be searched and identify themselves, and she was allegedly not cooperative hence she was taken to the police station.”
The grade 9 pupil told Sowetan a group of female officers demanded to search her without giving her any explanation. During the search, she said one of the officers touched her inappropriately and when she pushed her away, she was accused of having an attitude.
The young girl was arrested while walking from the shops and kept in jail at Hillbrow police station until her father arrived with her birth certificate to prove she was South African. She claimed cops refused to let her phone her parents and dismissed their claims that she was a teenager without identification.
The SA Human Rights Commission, which is now examining the situation, stated that police can request paperwork under the Immigration Act and the Criminal Procedure Act, but they were concerned about how the legislation was used in this case.
Maybe the police would like us to start carrying around a passbook again just in case we don’t look South African enough for them.
[source:sowetan]