IRIN – South Africa’s Supreme Court of Appeal ordered the Department of Home Affairs on 24 February 2010 to immediately release an Ethiopian asylum seeker from “unlawful” detention after he had languished in repatriation centres for over nine months.

Costs were also awarded against the Minister of Home Affairs and the Director-General of the Department in an order that Gina Snyman, of the Lawyers for Human Rights (LHR) Refugee and Migrant Rights Project, termed a “scathing rebuke”.

LHR requested that the identity of the man not be disclosed for fear of retribution should he be deported to Ethiopia. He is a political activist of the Oromo Liberation Front (OLF), a separatist organization “established in 1973 by Oromo nationalists to lead the national liberation struggle of the Oromo people against the Abyssinian colonial rule,” according to its website.

The man was first arrested in Port Elizabeth, on the south coast of the country, for being an “illegal foreigner” and then “detained at the Lindela Repatriation Centre for more than 275 days”, the LHR said in a statement.

The Lindela centre is in Gauteng Province in the north of the country, about 40km from Johannesburg, and is the main departure point for deporting and repatriating undocumented foreign nationals from South Africa.

“The court found that home affairs had no basis to detain the asylum seeker. Highlighting the clear illegality of the detention, the court suggested that the department either did not understand the law, or had chosen to ignore it,” LHR said.

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