The South African government repeated denials on Wednesday that the deportation of Pakistani illegal immigrant Khalid Mahmood Rashid amounted to unlawful rendition.
Rashid’s lawyer Zehir Omar seems bent on portraying the government as breaking its own laws and constitutional provisions, government spokesperson Joel Netshitenzhe said in Cape Town.
He was using ”unethical” means to suggest the government was involved in ”such heinous acts as rendition”, Netshitenzhe told reporters at a briefing on Cabinet’s twice-monthly meeting.
”Our government would never do those kinds of things.”
Omar says his client has disappeared.
Netshitenzhe reiterated that Rashid was deported because he had been in the country illegally.
”We exercised our constitutional and legal responsibility to deport from our country an illegal foreigner in accordance with prescribed procedures.”
There was not sufficient evidence of Rashid’s alleged terrorist ties to deal with the matter by way of extradition, he said.
Special arrangements had to be made for the deportation, in cooperation with the Pakistani authorities, because of allegations that Rashid had connections with terrorist organisations.
Rashid declined to appeal, admitted he was in the country illegally, and elected to be deported, said Netshitenzhe.
Pakistani officials flew to South Africa to fetch Rashid and South Africa later received written confirmation that he had arrived in Pakistan in good health. After that, he became the responsibility of that government.
”If Mr Omar wanted to assist Mr Rashid’s family to establish his whereabouts, government wishes to emphasise that he should do so in Pakistan and not in our country.
”We do not quite understand why he is not using the legal processes in that country to establish these facts.”
Netshitenzhe said this was a critical matter that related to the security of South African citizens.
”It is the responsibility of our government to ensure South Africa is not used as a hideout for any individuals who might be connected with international terrorist organisations.”
It also had duty to ”ensure our country is not targeted for this type of action”.
”We are confident that we have done everything in accordance with legal prescriptions and in terms of our responsibility to our own citizens to ensure nothing happens in our country that would endanger our society.”
Asked if Rashid had left any threat behind, he said it was the responsibility of the police and intelligence services not to allow South Africa to be used as a hideout.
”As to what they have done and what they’ve established, they have not informed anyone.”
Asked if the government was ready to defend a threatened lawsuit in the international human rights court, he said one would first have to determine whether a complaint by Omar would have any standing.
”We believe that it wouldn’t.”
He criticised Omar for having behaved unethically.
”In addition to allegations of theft of files he has also, unlike other legal representatives, been doing a running commentary on a daily basis on what is transpiring in the court hearings.”
The government was not currently considering any steps. — Sapa