WHILE Anabela Rungo, mother of former Miss SA participant Chidemma Adetshina, was granted R10 000 bail yesterday, Magistrate Sadiqah Guenduoz also noted a trend of random people being stopped in the street by law enforcement and asked to show their papers, which she said was reminiscent of the dompas laws.
“Also taking judicial notice, I want to make note of a trend where I see daily how random people are stopped in the street by law enforcement and asked to show their papers. Only for the families to show up at court with the valid permits. How embarrassing. This is reminiscent of the dompas laws,” said Guendouz.
Rungo, who has been classified as a prohibited person in South Africa as she does not hold offi cial documents, was granted bail at the Cape Town Magistrates Court yesterday and is to remain under house arrest.
Guenduoz issued strict bail conditions to Rungo who is also only allowed to leave her residence in Summer Greens for court appearances and for consulting with a lawyer.
She is allowed to attend the Home Affairs offices if it is required of her to do so but is barred from making any applications for any documents.
The matter was postponed for further investigations until May 8.
Rungo faces seven charges of contravention of the Immigration Act.
According to the charge sheet, Rungo remained in the country after being declared a prohibited person and had unlawfully and intentionally come “into possession of an identity certificate belonging to another (and presented it as her own) or belonging to any person other than the person it belongs to” and she had unlawfully submitted “an application to the department of Home Affairs where she identifies herself as Sara Moyo”.
Standing in the dock, Rungo became emotional hearing of her bail release while her family seated in the gallery listened intently to proceedings which were delayed earlier the morning.
Last week, the court heard that Rungo’s South African passport is still outstanding as a piece of evidence to be handed to the State.
Before proceeding with the bail matter, Guendouz threatened to recuse the court of the matter on grounds of bias, stating that she had been aware of the matter before Rungo’s arrest and court appearance as it had garnered large public interest on social media last year which led to Adetshina’s withdrawal from the Miss SA competition.
Following a short adjournment in which Guendouz ordered state prosecutor Jacques du Plessis to “find a magistrate who was not familiar with the case” in the event that the court should recuse itself, Guendouz returned from the adjournment informing that she would not recuse “while she was not reluctant to recuse” the matter.
Guendouz averred previously that the State brought a “half-baked” case to court and stated that the court “did not want to keep anybody in custody unnecessarily” and further stated that the right to freedom was a Constitutional right and “not a trial right”.
The State was also wrapped over the knuckles by Guendouz for being in contempt of court when they did not have their heads of arguments ready yesterday morning, which was an order of the court at the previous court bail hearing. The State submitted copies of its heads of argument during bail judgment yesterday at about 3pm.
“What has become blatantly embarrassing to the State is that they are playing for time. Everybody has discussed this matter before Rungo was arrested. It was a matter widely discussed on social media and Home Affairs had issued a statement in this regard (last year),” said Guendouz.
According to Du Plessis, the arrest of Rungo on February 15 was “coincidental as she was not being sought at the time”.
Handing down judgment, Guendouz drew the attention of SA taxpayers to the matter stating that whether Rungo remained in custody or not, she would in any event still be regarded as a “prohibited person with a roof over head and food in her stomach”.
Rungo was arrested after Adetshina was spotted in the Mother City.
A video posted on social media showed her sitting with a group of ladies at a restaurant.
Cape Times