Germiston Magistrate’s Court grants 11th postponement for undocumented immigrant national case

28 July 2023

ActionSA is deeply disappointed that the Germiston Magistrate’s Court has again postponed the criminal case against the undocumented foreign national Tony Kadzadi – who is accused of hijacking buildings in Primrose, Ekurhuleni – for the eleventh time.

More than six months have now passed since Kadzadi was first arrested for building hijacking in Ekurhuleni, which means that the complainant in the matter, Patricia Khoza, is being denied her legal rights of human dignity by the perpetual delays taking place in this matter.

ActionSA believes that the delays are an attempt by the criminal justice system to frustrate Khoza and protect Kadzadi who has again been granted bail despite not holding any South African documentation, and repeatedly intimidating Khoza.

As a party that believes in the rule of law, ActionSA believes that the court proceedings against Kadzadi have made a mockery of South Africa’s legal system. The court case is emblematic of the ANC’s breakdown of the rule of law in South Africa where courts defend culprits instead of defending the victims of crime in the country.

ActionSA has long advocated for swift action against Kadzadi since we learnt of the matter in January, helping get him arrested and ensure Khoza’s release when she was irregularly arrested. Instead of Kadzadi accounting for his actions, he has become more brazen in his activities – not only intimidating Khoza herself but also her son.

We have since expressed our continued concern with the slow pace of justice, having written to the National Prosecuting Authority (NPA), Provincial Police Commissioner, Minister of Police, and Minister of Home Affairs to seek that the matter gets the urgent attention it deserves. None of these entities has cared to respond.

ActionSA has also repeatedly expressed our concern that Kadzadi was repeatedly granted bail, despite not having any legal papers to be in South Africa and is therefore at clear flight risk. We, therefore, raised our concern with the Judicial Head of the Court and Senior Prosecutor.

ActionSA believes in the rule of law and we will continue to support Khoza in her case against Kadzadi to ensure that justice prevails. We will continue to work tirelessly towards ensuring that law and order is restored in our country and that victims of crime get the justice they deserve.

Issued by Herman Mashaba, ActionSA President, 28 July 2023