Prologue: Please note that UNHCR is the plaintiff in these cases. UNHCR accuses the refugees and wants them prosecuted for trespassing onto their holy (diplomatically protected) grounds, while the poor refugees actually were only fleeing into the arms of UNHCR - the "Refugee Agency" as they advertise themselves - from the brutal South African police and the irritated and xenophobic shop-owners at the mall,  where they were camping because UNHCR had not provided any shelter, help nor support. Now these refugees will be in cells locked up together with hardened criminals, rapists and murderers. UNHCR declined steadily since serial sexual pest Ruud Lubbers was resigned from the helm of the organization, that then turned into an inhuman mess under António Manuel de Oliveira Guterres, who is now the UN Secretary General. Today, under Filippo Grandi, the bitter situation for refugees has become from Cairo to the Cape in Africa plus the Middle East and on all other continents so unbearable that Grandi has to be asked to step down or - even better - to close the UNHCR shop altogether and let the international humanitarian community decide who shall take over from the incapable UN to really help genuine refugees, escaping political prisoners, persecuted journalists or suriving victims of torture, violence and war.

No lawyers and no bail: Refugees on trial for trespassing on the Refugee Agency UNHCR

Some of the 189 refugees who appeared in court on Thursday after being removed by police from the premises of the United Nations High Commissioner for Refugees in Pretoria. (Elna Schütz, GroundUp)

By Elna Schütz - 19. November 2019

A total of 189 refugees and asylum seekers appeared in the Pretoria Magistrate's Court on Monday after they entered the premises of the United Nations High Commissioner for Refugees (UNHCR) last week, GroundUp reports.

They face charges of trespassing. A case of public violence is also being investigated.

The prosecutor said that the State was still waiting for affidavits from some witnesses, but the police had ascertained what roles the people on trial had played during the alleged trespassing.

Only one man chose to apply for bail and to use the services of Legal Aid. The rest represented themselves and did not apply for bail - which the magistrate advised would be difficult to grant anyway, given that the majority did not have fixed addresses. Some of the men stated that they did not apply for bail because they could not afford it.

Aline Bukuru, a refugee leader who is not on trial herself, but who was on court to support those who were, said they wanted to speak for themselves in order to prove their innocence.

Legal representation

She believed they had opted for this route because they did not have money for private representation and did not trust the freely accessible legal representation.

The accused are mostly from the Democratic Republic of the Congo, and there is only one woman in the group. While they will be tried on an individual basis, they appeared in seven groups - ranging between four and 31 people - to make the case manageable for the court.

As the first group left the packed court room, they chanted "No more South Africa" and "Xenophobia".

The accused were among about 500 people, according to a police statement, who entered the UNHCR office premises in Pretoria last Thursday. They were removed on Friday morning by police in a clash that resulted in injuries on both sides.

For about a month before occupying the UNHCR offices, about 700 refugees had been staying in temporary structures on the pavements and lawns outside the UN agency. The local homeowners’ association successfully applied for an order to have the group evicted. This led to the refugees entering the UNHCR offices.

Most of the refugees have been asking to be resettled to a third country (not South Africa and not their countries of origin), following recent xenophobic attacks. Similar actions by refugees in Cape Town also led to clashes with the police and arrests at the end of October.

Most of the women and children removed on Friday are reportedly currently at the Lindela Repatriation Centre, where their immigration status is being verified by the Department of Home Affairs.

The refugees on trial will be held in custody at Kgosi Mampuru prison until their next court appearances in late November or early December. The one person who applied for bail will appear in court on Thursday.