The Fine Line between Deportation and Refoulement : The Case of Zimbabweans in South Africa

Abstract: In the mid-2000s, the South African government systematically deported illegal Zimbabweans from their territory. In 2009, they placed a moratorium on the deportations and introduced the Zimbabwe Documentation Process (“ZDP”), which was to allow many of the millions of Zimbabweans to regularise their stay in South Africa.  During the moratorium, Zimbabweans continued to arrive in South Africa. As an immediate reaction, the Government of South Africa began to deny entry to Zimbabweans at the border, even when they claimed the need to seek asylum. The ZDP process finished at the end of 2010 and had only assisted approximately 275,000 individuals; a small number compared to the reported millions living in South Africa. In October 2011, the Government lifted the moratorium on deportations of Zimbabweans and, once again, systematically began deporting them. By August 2012, it was estimated that over 35,000 Zimbabweans had been deported from South Africa.  This thesis explores the actions carried out by the South African government to handle the large numbers of Zimbabweans within their sovereign territory. It specifically considers the deportations, non-admission at the borders and the asylum-system in South Africa in reflection with the Government’s international, regional and national refugee law obligations regarding non-refoulement.