It could mean police moving in to clear them off and Home Affairs checking for those who are illegally in South Africa.

The refugees, who are demanding to be moved out of South Africa where they face xenophobic attacks, are not represented in the Pretoria High Court.

Judge Natvarlal Ranchod postponed the matter yesterday to allow the local authority and Home Affairs department to decide how to cooperate in this matter.

The residents, who argue that the refugees are not above the law, are also calling for the nudge to order immediate action to end the protest.

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The matter has postponed until tomorrow after the court heard that nuisance, health and security risks posed by the nearly month long protest cannot be allowed to continue.

Arguing for the residents of Brooklyn and Waterkloof,  Advocate Thuys Strydom  says the refugees are not above the law.

He says Tshwane Metropolitan Authority must enforce its bylaws to end the illegal gathering.

For the local authority Advocate Adrian Voster says thesis a matter for Home Affairs.

For the government department Advocate Zilpha Raphesu says Home Affairs will act, but only in concert with the municipality and the South African Police Service.

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Lawyers For Human Rights has written a scathing open letter to President Cyril Ramaphosa saying his Home Affairs Department is in crisis and flouts court rulings in favor of asylum seekers facing the longest backlog in the world

Home Affairs Minister Malusi Gigaba did not respond directly to the criticism from the pressure groups and NGOs, much of which focussed on Lindela which is South Africa’s largest repatriation  centre outside Johannesburg.

It was repeatedly referred to as a detention centre where human rights are violated.

At a function marking World Refugee Day, Gigaba said South Africa did not have a problem with asylum seekers but was challenged by illegal migrants.

Lawyers For Human Rights said South Africa rejects 96% of asylum applications, often after keeping applicants waiting for as long  as 15 years.

It accused authorities of discriminating against African asylum seekers, noting that there was not a single white occupant of Lindela.

It said asylum seekers in South Africa have to endure official corruption and  routine physical abuse from a system that cripplingly inefficient and operating in flagrant disregard of constitutional values.

Medicines Sans Frontiers has tabled an official complaint that treatment for tuberculosis and HIV /AIDS is absent from Lindela.

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