60. Convention relating to the Status of Refugees (adopted 28 July 1951, United Nations; acceded to by South Africa 12 January 1996); Protocol relating to the Status of Refugees (adopted 31 January 1967, United Nations; acceded to by South Africa 12 January 1996); 1969 OAU Convention regarding specific aspects of refugee problems in Africa (adopted 10 September 1969, Organisation of African Unity; acceded to by South Africa [date]).



61. In order to avoid the potential of bias, our methodology specifically precluded asking those interviewed whether or not they had been assaulted or suffered physical abuse. Our interviewers were also specifically trained to ensure that they did not ask any leading questions on this issue. Those who reported incidences of assault or ill-treatment thus did so on their own initiative. It is therefore significant to note that the figure 68.5 percent does not represent the figure of those who denied having been assaulted, it represents the number of those interviewed who did not actively volunteer such information on the subject of violence during the apprehension procedure.



62. Moyo Anderson, infra, interview #80 (08/05/98), Appendix A.



63. Iliyasa Sauzande, infra, interview #14 (07/04/98), Appendix A.



64. Nkomo Mlandeni, infra, interview #36 (14/04/98), Appendix A.



65. Aliens Control Act (No. 96 of 1991), section 55(5).



66. Jeremiah Banda, infra, interview #94 (08/05/98), Appendix A.



67. One of the shortcomings of this investigation was the failure to explicitly explore the issue of whether detained persons had been brought before an immigration officer within 48 hours of their apprehension. While the interviews did include a complete narrative account of the circumstances of apprehension and detention, without having explicitly explored the issue, the Commission is unable to make a final finding in this regard.



68. Anston Mpofu, infra, interview #12 (07/04/98), Appendix A.



69. Mazema Mlenga, infra, interview #77 (08/05/98), Appendix A.