Whether she is in custody or out on bail, the fact remains she in the country illegally. These were the assertions by magistrate Sadiqah Guendouz, who on Wednesday granted Chidimma Adetshina's mother, Anabela Rungo, 10,000 rands bail (810,000 naira).
Rungo faces charges related to flouting the Immigration Act and Identification Act after she was arrested on February 15 in Summer Greens, Cape Town, where she was living despite her ID being revoked.
She was found to have committed identity fraud to obtain South African citizenship.
Rungo, 46, appeared in the Cape Town magistrate's court for judgment of her bail application and after a long-awaited order, she was tearful and relieved, including family and friends who were in the gallery.
“The South African taxpayer should be wary that holding Ms Rungo in custody while this matter is finalised still means that she will be in SA illegally while this matter is finalised, whether she is in custody or not. It is the South African taxpayer who is responsible for her maintenance — putting the roof over her head and food in her stomach,” said Guendouz.
Earlier on Wednesday, there were delays with the delivery of the judgment as the prosecutor, Jacques du Plessis, wanted magistrate Guendouz to recuse herself from the case, citing bias. However, the state's recusal bid failed.
The state's contentions stem from remarks Guendouz made on Friday when she slammed the state for presenting what she labelled as a “half-baked” case despite having prior knowledge of it.
Guendouz said the state should have been better prepared for the case, as they knew as far back as August 7 2024 when the department of home affairs issued a statement saying there was a prima facie case against the accused. She was responding to the state asking the court for another postponement on Friday, as the prosecutor said he still needed to finalise his closing arguments.
Guendouz didn't take to that request kindly, saying Rungo had already been in custody for a while and the state should have better prepared for the case.
Rungo's attorney Ben Mathewson argued there is no suggestion that Rungo presents a risk of violence or would interfere with the administration of justice or the pending investigation (if any).
Du Plessis argued that Rungo’s release would disturb public order and that she is a flight risk. However, Guendouz said regardless of personal views on what should have to happen to legal or illegal foreign nationals, the courts must take into account such injustices by people who replace apartheid racism with xenophobic racism.
1. will remain under house arrest and can only leave to attend court or consult a legal representative;
2. is barred from attempting to send any other person to any embassy or consulate, including but not limited to the Mozambique or Nigerian embassy;
3. and is not to apply for any travel documents while the matter is pending but is allowed to visit home affairs should they require her attendance.
The case was postponed to May 8 for further investigation.
“Thank you, Jesus,” Rungo sighed in relief after the court granted her bail.
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