8 June 2006
Government has noted public discussion around the case of Mr Khalid Rashid.
Now that the matter has been processed through the courts, government wishes to
clarify critical issues pertaining to the case.
In the first instance, government hereby reiterates that Mr Rashid was an
illegal foreigner in South Africa. He was arrested and deported to his country
of origin, Pakistan.
The right to decide who enters and remains in South Africa is a fundamental
aspect of state sovereignty. Our Constitution and laws require that we protect
the integrity of our borders and our country. The Department of Home Affairs is
charged with the responsibility of implementing immigration law and policy, and
of preventing illegal immigration.
Secondly, as the Department has indicated, Mr Rashid was deported to
Pakistan on 6 November 2005. As required by prescribed procedures, he was given
an opportunity to oppose the deportation and indicated his willingness to be
deported to Pakistan. Incidentally, the person who was arrested with Mr Khalid
Rashid was afforded the same opportunity and he elected to appeal against his
deportation. He was duly given this opportunity.
It had come to the attention of the state that Mr Rashid was alleged to have
connections with international terrorist cells. From the perspective of the
South African government there were not sufficient grounds to extradite him.
There were, however, grounds to deport him as he was in fact an illegal
foreigner. Nevertheless, extra care had to be taken with regard to the
deportation and special transport arrangements were agreed upon between the
Department of Home Affairs and our security agencies.
Thirdly, because of the special circumstances indicated above, the
arrangements for Mr Rashidâs deportation were undertaken in co-operation with
Pakistani authorities. Government can confirm that he was handed over to
Pakistani officials who travelled to South Africa to receive him. Further, we
can confirm that the Pakistani government has acknowledged in writing that he
arrived in Pakistan on 6 November 2005. Subsequent to his arrival in Pakistan,
the Pakistani Government confirmed in official correspondence to the South
African High Commission in Islamabad that he had arrived in Pakistan
âsubsequent to his deportation from South Africa on 6 November 2005. Mr Rashid
was, with the exception of a skin ailment (eczema), in good health.â Therefore,
further information on his whereabouts should be sought in Pakistan.
It should be underlined in this regard that our responsibility as government
is not only to implement laws pertaining to illegal immigration; but also to
protect our country from being used either as a hide-out or as a base for
terrorist activities. We are signatories to relevant international conventions
and we also have a responsibility to ensure that nothing happens in our country
which jeopardizes the security of our citizens.
We hope that this explanation does help clarify matters that have thus far
not been fully canvassed in part because some of these issues were not the
subject of court proceedings.
Government had all along sought to deal with this issue without raising
alarm, and with due regard to the implications on individuals who may have,
unwittingly, found themselves in the web of infrastructure that Mr Rashid
relied on to enter, and stay in, our country.
In this regard, we are concerned that the campaign being waged by Mr
Rashidâs legal representative, Mr Zahir Omar has the effect of creating
complications that our country can ill afford. His unfounded and deleterious
insinuations that our country can engage in abduction or any other illegal
activities and his unethical behaviour in handling this case are not only
harmful to community relations in our society; but they also have the effect of
undermining the international standing of our country.
Government calls on all South Africans to work together to consolidate our
common security as a nation, and to partner the international community in
promoting peace and stability throughout the world.
Issued by: Government Communications (GCIS) on behalf of the Justice, Crime
Prevention and Security Cluster
8 June 2006
