NPA finally responds to ActionSA – fails to give reasons illegal Nigerian immigrant continues to receive bail
20 April 2023
Tony Kazadi, who was arrested in January after an intervention by ActionSA, was set to appear in the Germiston Magistrate’s court on Wednesday, 22 March, but the matter was again postponed to 28 April. This follows numerous other postponements in this matter. Inexplicably, his bail is renewed time and time again despite his illegal status in South Africa.
ActionSA believes that the continuous extension of bail by the Germiston Magistrates’ Court to Tony Kazadi - an illegal immigrant allegedly involved in the illegal hijacking of property in Primrose, Ekurhuleni - is an indictment of our criminal justice system – and is illegal. The individual in question clearly possesses no lawful address in South Africa which he can rightfully call his home. He is facing sexual offences charges in addition to that of being unlawfully in South Africa.
ActionSA’s lawyers have continuously requested written reasons from the Germiston Magistrates’ Court for bail being allowed. Our request also asked the Senior Prosecutor to state what document was used to verify Mr Kazadi’s identity. After escalating the lack of response to the National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi, as well as exposing the Courts failure to answer in the media, ActionSA finally received a written response on 19 April 2023 from the Senior Prosecutor at the Germiston Magistrates’ Court.
The answer from the Court leaves much to be desired and demonstrates the art form of utilising words while saying absolutely nothing. The only useful part of the answer is an acknowledgment that our complaint was lodged on 17 March 2023.
The answer from the Court merely states that the State opposed the release on bail of Mr Kazadi. Their response explicitly states, “he is indeed an illegal immigrant and therefor a flight risk” and goes on to say that “the application was presided over by Magistrate Baloyi who granted ruled in favour of the accused and granted R3000, 00.”
The response tersely ends with:
“The relevant charge sheet is a public document and is available for perusal at the clerk of the court (Department of Justice and Constitutional Development). This office will not be able to assist with the aforementioned.”
Any person living in our society can see clearly that no reasons have been provided. The Senior Prosecutor has admitted that Mr Kazadi resides in the country illegally. The failure to oppose bail successfully on such a basic set of facts is at best ineptitude and at worst, a sign of the failure of South Africa’s criminal justice system. Further, our enquiry as to what document was used to determine Mr Kazadi’s identity was blatantly ignored and not addressed in any manner or form.
ActionSA believes in the creation of a society where all are equal before the law; South Africa is far from this ideal.
ActionSA has written to National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi, the acting Public Protector Kholeka Gcaleka, Minister of Home Affairs Dr Aaron Motsoaledi, Independent Police Investigative Directorate (IPID) Head Dikeledi Jennifer Ntlatseng and Gauteng police commissioner, Lieutenant General Elias Mawela, about Kadzadi’s arrest and the irregular circumstances around the granting of bail. Only Home Affairs has contacted our legal team to say that they are investigating, but to date there has been no progress in ensuring that he remains in custody, where he belongs while facing trial. After serving his prison sentence for residing in South Africa illegally, he should be deported back to his native homeland.
We will be supporting Ms Patricia Khoza at the trial in the criminal matter against Tony Kazadi on 28 April at the Germiston Magistrates’ Court for alleged sexual offences and being illegally in the country. We will not give up in the battle to reform our criminal justice system and to fix South Africa.
Issued by Herman Mashaba, ActionSA President, 20 April 2023
