Latest news with #ImmigrationAct
The Citizen
36 minutes ago
- Politics
- The Citizen
Bushiris file application to set aside ruling ordering extradition to SA
The couple fled to Malawi in November 2020. Self-proclaimed prophet Shepherd Bushiri and his wife Mary in the Pretoria Magistrate's Court during their bail application on 4 November 2020. Picture: Jacques Nelles Self-proclaimed prophet Shepherd Bushiri and his wife, Mary Bushiri, have filed a review application to set aside the judgment ordering their extradition to South Africa. The Bushiris filed their application before the High Court of Malawi in Lilongwe on Wednesday. They claim they weren't given a chance to be heard, violating natural justice principles. Hearing In papers before the high court in Malawi, the controversial couple claim they weren't given a chance to be heard, violating natural justice principles They argued the chief magistrate erred in law by breaching the fundamental principles of natural justice. 'The applicants humbly but firmly pray for the quashing of the findings that the requesting State made out a case for extradition… setting aside of the order of committal.' In March, Malawi's Chief Resident Magistrate's Court ordered that the Bushiris be extradited following a request by South Africa. ALSO READ: Bushiri celebrates reduced charges, but can they be reinstated? Malawi's attorney general explains Charges They face at least six charges including rape, violating bail conditions, contraventions of the Financial Advisory and Intermediary Services Act, Banking Act, Civil Aviation Act and Immigration Act. The couple fled to Malawi in November 2020, after being granted bail of R200 000 each under strict conditions in the Pretoria Central Magistrate's Court. ALSO READ: Cops detained Bushiri's lawyers for corruption, intimidation say Hawks 'Safety and security' At the time, Bushiri cited 'safety and security issues' for their actions. 'There have been clear and evident attempts to have myself, my wife and my family killed. Despite our several attempts to report to authorities, there has never been state protection,' he said. 'We have come to a painful conclusion that what my wife and I have faced in the Republic of South Africa since 2015 is purely persecution, not prosecution. 'What is shocking is that it was me who, in 2018, opened cases of extortion and intimidation against the officers who are, today, investigating, arresting and prosecuting me and my wife of these several allegations. Obviously, there can never be independence and impartiality. It's purely acts of open vengeance,' Bushiri said. The Malawian couple run a church known as Enlightened Christian Gathering with branches in various African countries. ALSO READ: Malawi court grants South Africa's request to extradite Shepherd Bushiri and wife
The Journal
8 hours ago
- Politics
- The Journal
Tourist ‘ate' passport biometric data and attacked airport official, court hears
A TOURIST TORE out and devoured the biometric data page of his passport after assaulting a Dublin Airport official verifying his identity, a court was told. Palestinian national Hasan Alshaer, 27, with no stated address, was charged with assaulting a customs official at Terminal 1 and an offence under the Immigration Act for failing to produce a passport or document establishing his identity. He appeared at Dublin District Court today following his arrest at 5pm on Tuesday. Court Garda Sergeant Niall Murphy told Judge John King that the allegation was Mr Alshaer presented to an immigration control officer. 'He tried to run away from her taking his passport with him; when she chased after him, judge, it is alleged he struck at her, causing her to fall, he tore out a page of the travel document he was carrying and then ate the page with the biometric data on it.' The sergeant contended that the accused was a flight risk and objected to his bail. Defence barrister Paddy Flynn said his client had money and could stay in a hotel. Mr Flynn said the accused came to Ireland as a tourist and gardaí had his Palestinian passport. Advertisement The sergeant countered that the passport was 'no use' because it cannot be verified properly now. The defence said the man had a second Greek passport, but the State contended that compounded his problem because gardai could not verify who he was. The defence said Mr Alsher had lived in Germany and Greece for five years. Judge King said, 'There is a serious problem here. He arrives in this country, sees immigration, runs, and then tears a page out of his passport, and this page has his biometric data on it, it is alleged. That is a huge problem for him'. Mr Flynn said he was instructed that the man had a residential permit. However, the judge suggested a fingerprint check with Interpol could assist but noted that it could take some time. Sergeant Murphy said that would not be resolved that day, and it was unlikely that the State would now accept any documentary evidence provided by the accused. He added that he did not present a visa or any authority to enter the country on top of allegedly destroying the travel document he initially presented to customs officers. Mr Alsher, who has yet to enter a plea, listened to the proceedings with the aid of an interpreter and remained silent during the hearing, He postponed his bail application. Judge King remanded him in custody to appear again on Friday.
The Citizen
17 hours ago
- General
- The Citizen
2 Gauteng law enforcement officers nabbed in alleged kidnapping and deportation scam
Two law enforcement officials were arrested yesterday as part of a collaborative effort to combat crime. Pretoria Rekord reports that the operations saw Gauteng Police Organised Crime Investigations and Home Affairs nab the duo after they allegedly kidnapped a woman and attempted to force her to flee the country. The two suspects were arrested on charges of kidnapping, malicious damage to property and theft. According to Gauteng police spokesperson Lieutenant Colonel Mavela Masondo, a Gauteng Traffic Police member was arrested in Johannesburg, while an immigration officer was arrested in Tshwane. 'It is alleged that on February 27, the suspects went to the house of the victim, a foreign national, and demanded to see the documents that qualify her to be in the country,' says Masondo. He says that after producing the documents, the suspects informed the victim they were taking her to the Department of Home Affairs for verification of the documents. 'She was instead taken to Pretoria Central Police Station and detained for contravening the Immigration Act [13 of 2002].' Masondo says it was further reported that the suspects came the following day and took the victim to the airport, where they purchased a plane ticket and instructed her to leave the country as she was being deported to her home country. 'While at the airport, she reported the matter to the immigration officers and the case was opened at the local police station and later transferred to Provincial Head Office Organised Crime Investigations,' Masondo explains. He says a thorough investigation was conducted, and a warrant of arrest was issued for the suspects. Gauteng deputy provincial commissioner responsible for crime detection, Major General Mbuso Khumalo, believes there might be other foreign nationals who may have fallen victim to this criminality. He has made a call to any victims who have experienced this crime to report the matter to the nearest police station or call Crime Stop on 08600 10111. Breaking news at your fingertips… Follow Caxton Network News on Facebook and join our WhatsApp channel. Nuus wat saakmaak. Volg Caxton Netwerk-nuus op Facebook en sluit aan by ons WhatsApp-kanaal. Read original story on At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
IOL News
a day ago
- Business
- IOL News
Court orders RAF to honour R1. 4 million payment to undocumented Malawian immigrant injured in car crash
The Western Cape High Court has dismissed an application by the Road Accident Fund (RAF) to rescind a judgment mandating the payment of over R1.4 million to a Malawian man who has been in the country illegally. Image: Pexels The Western Cape High Court has dismissed an application by the Road Accident Fund (RAF) to rescind a judgment mandating a payment of over R1.4 million to an undocumented Malawian man. Charles Jeka Chipofya has been living in the country since 1994 and has been married to a South African woman since 2008. They have two children. Despite his long-term residence, his attempts to obtain citizenship through marriage were thwarted due to evident abuse of the system by some African nationals. The Road Accident Fund found itself at the centre of controversy after Chipofya was involved in a severe car accident in Plettenberg Bay in September 2016. He filed a claim with the RAF, culminating in a proposed settlement of over R1.4 million in November 2022. In January 2023, a draft order was presented to the court on mutual consent between the parties, and RAF was ordered to pay Chipofya over R1.4 million. However, two years later, RAF reneged and wanted the court to rescind the order claiming that when it was made, it was unaware that Chipofya was an illegal immigrant. RAF said that when Chipofya submitted a copy of a passport, it referred to him as Charles Chipeta and not as Charles Jeka Chipofya, and this was suspicious. In response to this suspicion, RAF investigated to ascertain the circumstances surrounding his dual identity and it came to light that Chipofya owns two passports, one naming him as Charles Jeka Chipofya and the other as Charles Chipeta. RAF stated that when Chipofya was confronted about having two passports, he tried to attribute the discrepancy to a data capture error. However, in RAF's view, his explanation was unlikely, as it is improbable that such an error could occur. Subsequent to that, RAF said investigations revealed that one of the passports did not exist at the time of the accident. Additionally, the movement system record revealed that the visa on the other passport expired in December 2012. Moreover, there were no records showing that Chipofya left the country using the old passport or that he entered the country with a new passport after December 2012. In RAF's view, this could imply that Chipofya was either not present in the country on the date of the accident or was potentially in the country illegally. RAF argued that the order was erroneously granted and had the court been made aware that Chipofya was an illegal immigrant, the court would not have granted the order. Furthermore, RAF contended that the Immigration Act prohibits illegal immigrants from being in the country and extending claims of damages to illegal immigrants will create an enormous burden on the State. In response, Chipofya's legal representative argued that RAF had prior knowledge of his nationality and legal status before reaching a settlement agreement. Moreover, it was argued that Chipofya never misrepresented his status in the country and the settlement agreement was not based on the assumed existence of his legal status in the country. Judge James Dumisani Lekhuleni who presided over the matter, sided with Chipofya, and noted RAF had reduced the claim amount specifically because Chipofya was an illegal immigrant at the time of the offer, a fact that had been openly discussed during negotiations. "This conclusion is fortified by the fact that RAF's legal representatives advised Chipofya's attorneys that his claim would be reduced because he was an illegal immigrant. This averment was not disputed by the RAF or RAF's counsel," he said. In addition, he said Chipofya's medical reports and some of his documents, showed that he didn't have a valid visa and despite this, RAF settled his claim and consented to have the draft order endorsed in court. Regarding the different names, the judge said Chipofya provided a plausible explanation regarding the names and when RAF made the offer, it was aware of the discrepancies. Judge Lekhuleni emphasised that RAF is legally bound under the RAF Act to provide compensation for losses arising from road accidents, asserting that the Act does not discriminate based on a claimant's immigration status. "In my opinion, the current legislative framework of the RAF Act does not support the fund's position to exclude illegal immigrants from the application of RAF. "Eligibility for the RAF fund is not contingent upon a person's legal status within this country. An individual's legal standing does not influence their eligibility for RAF benefits. Simply put, it is not the person's immigration status in the country that makes a person legible to the RAF benefits," he said. RAF's application was dismissed. [email protected] IOL News Get your news on the go, click here to join the IOL News WhatsApp channel.
The Citizen
3 days ago
- The Citizen
Ermelo police arrest undocumented immigrants during operation
ERMELO – Acting under Operation Vala Umgodi, the police arrested 10 people on May 24 for contravention of the Immigration Act of South Africa. According to Captain Mpho Nonyane, the provincial police spokesperson, officers from the combat and proactive team stopped these individuals during the operation. 'They were arrested because they could not show valid documents allowing them to be in South Africa. They have been charged under the country's Immigration Act,' said Nonyane. The 10 suspects appeared in the Ermelo Magistrate's Court on May 26. Acting provincial commissioner, Major General Dr Zeph Mkhwanazi welcomed the arrests, saying that law enforcement will continue its efforts to stop illegal mining activities. The general also assured the public that more successes are expected as this operation continues to grow in strength. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
