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, R10,000 bail.
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.
What has unfortunately become blatantly embarrassing for the state is that everybody discussed this matter in September
— Sadiqah Guendouz, magistrate
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.
“I actually think the state did bring grounds for recusal. This matter has had media attention since last year — I listen to the radio in the mornings, I read the newspaper and I am on social media, so the press release by home affairs I read before even knowing I was going to be the magistrate in this matter ... information that I was aware of,” said Guendouz.
“The court knew about it ... the state must have known that they were going to arrest her. There’s news that there was a prima facie case of either fraud or identity theft — the court had prior knowledge of this issue.”
She questioned Du Plessis whether he can find another magistrate with no prior knowledge of the case. If so, she said she would recuse herself if he can find another magistrate who can take over the case. The court heard that the senior magistrate’s office had asked for a ruling on Guendouz’s recusal before assigning another magistrate to the case.
“This court is not reluctant to recuse itself. This court can easily recuse itself from the matter. The matter was all over — that is the only grounds that I actually see that the state can bring this application on. All of the other grounds including the court’s attitude ... I do not want to keep anyone in custody if it is not necessary. It is not personal, this is the view of the law,” said Guendouz.
“What has unfortunately become blatantly embarrassing for the state is that everybody discussed this matter in September, so the grounds that the state has are good.”
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.
The magistrate, however, granted Rungo R10,000 bail, with strict conditions that she:
- will remain under house arrest and can only leave to attend court or consult a legal representative;
- is barred from attempting to send any other person to any embassy or consulate, including but not limited to the Mozambique or Nigerian embassy; 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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