Public Protector

pub-protect-imm

PUBLIC PROTECTOR

MOSIRELETSI WA BATHO MOSIRELETSI WA BATHO

MUSIRHELELI WA VANHU MUTSIRELEDZI WA TSHITSHAVHA

OPENBARE BESKERMER UMKHUSELI WABANTU UMVIKELI WABANTU

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    1. When did you first become aware of the problem:

Date: 18 Month: August year: 2016

If it is more than 2 years since you first became aware of the problem, please give reasons why you did not complain to the Office of Public Protector earlier.

    1. Which government agency is involved? (Please identify by specific name)

Department of Home affairs

The Magistrates Court of Ubombo

    1. Whom have you dealt with at the government agency?

(List any names, titles, Tel numbers or addresses and state when last did you contact them)

Various people at DHA

The Magistrates Court of Ubombo. Miss Zikalala

    1. Did you write to them/ did you receive any correspondence in writing?

c No, We correspond on court days.

    1. Please summarize your complaint.

  • We have been fighting my wife’s illegal detention in Manguzi holding cells for 8 months going now. This is the third application to you for assistance. Where else can I go?

  • She was originally detained as illegal immigrant, Case #: M105/16, on 18/8/16, As Hebrews we have no paperwork for our marriges, we only have witness. We are KZN high court recognised and registered common law citizens of the RSA through UZA. These documents were also noted by the Ubombo court but they refuse to pay attention to that.

  • RULE 15. (3.) (a.) of the Bill of Rights says that State law has to allow for, accommodate and give effect to Our traditional marriage which is based on the honour between me, God and my wife.

  • We have been to the Dep of Home affairs on three seperate occations to apply for residence for her but were not successful.

  • The preemble of the Immigration act states that permits will be issued expeditely with minimum paperwork and a simplified procedure giving special allowance for gifted people but this was not the case at all.

  • She is my co-author and we published a very important book together in 2014. I originally appointed her as such because she has an IQ of 144 and is an EU certified genius of Logic, Ranked #33 internationally. I did advertise for her position on advice of DHA but when presented with the results, they refused to help us still.

  • Rule 15. 3. a. (i.) of the Constitution of South Africa. At her first hearing She was offered bail but She declined on the principal of Rule 12. 1. (a.)(b.) of the Constitution of South Africa. She admitted that She was in the wrong according to Maritime law and that She was willing to serve the 3-4 months centense if need be, to achieve Our goal of getting a residency permit for her. According to section 34 of the immigration act establishes the grounds and procedures related to the detention and deportation of “illegal foreigners.” it authorizes only immigration officers, who are part of the department of home affairs (DHA), to detain illegal foreigners for the purpose of deportation. It provides that such detention shall be at a place “under the control or administration” of DHA. Detainees must be notified in writing that they have been detained for the purposes of deportation, and upon request must be provided with confirmation that he or she has been issued a court warrant. If this is not provided within 48 hours, the detainee is to be immediately released. She has none. People detained for the purposes of deportation can be held for no longer than 30 days, a period that can be extended for 90 additional days upon issuance of a court warrant stating “good and reasonable grounds” for the extension. People detained for immigration reasons other than deportation can not be held for more than 48 hours.” Innocent until proven guilty.

  • On her second hearing it was decided that she had to have a psychological evaluation. The first attempt failed as Laura Taylor, the psychologist, was still a student and could not assess Katarina. She, in her ignorance, “recommended” Fort Napier so the court kept my wife on the basis of “being detained for evaluation” until her appointment at the end of January 2017. The docit states illegal immigration, it was never changed nor was a fresh arrest effected. There is no such documentation.

  • In a telephonic conversation in mid January with Mr. Nditsheni Raedani from the Public Protector, he acknowledged that there were obvious violations of both constitution and the immigration detention act but he did nothing. I prompted him for feedback a couple of times, but he never even replied after that conversation, he noted receipt of my mails at first though, but that also stopped.

  • To date she has been detained for almost 8 months. The court has not heard or seen our evidence as we are not allowed to speak or defend ourselves. Today. 09/03/17, the legal aid lawyer resigned as her representative. She is not willing to defend Katarina on the basis that she does not acknowledge the constitution at all and all the violations against us (twelve). She also does not know what the immigration detention act says. Miss Zikalala is only pushing for deportation which is prejudice and procedurally unfair. In the holding cells, there are more with the same problem.

  • For court on 09/03/17, no witnesses were even summoned, so the court had no intention of completing these proceedings today anyway, it was postponed once again to 04/04/17, another month for no reason in prison. I suppose the reason being that Miss Zikalala had the intension of resigning as my wifes lawyer. The judge, even though being told of the violations, payed no attention to her or them. He just said “I am not releasing you”! The report from Fort Napier stated that she is normal. That means that there is NO reason to detain her legally any longer which now is prejudice. She had to be re-arrested for something but there is nothing.

  • As Hebrews we have a special diet and I have been taking food to her every second day. A drive of almost 100Km and we have no more income now as our business was shut down by the MEC of tourism, Zikalala. The inmates who have been eating the food in Emanguzi prison are all getting sick from it. I was asked by them to mention this to you as well. They suffer from diarrhea and vomiting constantly and a policeman commented about poisoning them.

    1. Please tell us about the steps you have taken to try and resolve this matter

(Please indicate any file or reference numbers and relevant dates)

  • We have applied to the Constitutional court 3 times but they do not respond!

  • We have applied to the South African Human Rights Commission and received a letter stating that they will assess. No further communication.

  • We have submitted a complaint to the UNHRC.

  • We have applied to the KZN High Court but failed. We cannot find a lawyer who is willing to litigate for us due to Our beliefs and reputation and I suppose the fact that we are UZA citizens. We have gone to as far as Durban and then some, but were turned down by all, even though we have the finances available.

  • The Ubombo Magistrates court has noted Our UZA status. The Sheriff has signed for the following. Supersedeas Peremptory Writ of Mandamus and Court of Record 01 and Bill of plaint but they do not want to recognize it in court when presented with copies in a registered sealed envelope and their notary stamp.

  • We have sent a Bill of Plaint to UZA and they have noted in accordance with rule 63 of the HIGH COURT OF SOUTH AFRICA rules.

2.8 Did you report this matter to any other government agency? (E.g. Police, ICD, the Presidential Hotline, etc) c Yes

If yes, what was the result?

  • I went to the station commander to inquire about Her reason for being detained and make them aware of the immigration act wrt detention. He said that She is being held by the Magistrate. I asked for a copy of the docit but they would not give me one. On My next visit I went to the desk and asked to see it as per My constitutional right. That is when I saw that She is held as “illegal immigrant”.

  • I also contacted the immigration officer, Wagheni, at DHA but he told me that he is not holding Her and he has nothing to do with it. She was not notified in writing of Her detention status nor did She sign anything.

    1. Why do you believe the government agency’s actions are unfair or improper?

We have been violated on at least 12 rules of the Constitution of South Africa and no one seems to care about that.

    1. Describe how you would like the Office of the Public Protector to help you.

  • I would want for you to interfere with the Magistrate of Ubombo’s decision of detention. She is willing to go to court, we are not running away from it, there is simply no reason for.

  • I want Her passport stamped with permanent residense permit.

  • I want justice and compensation for the damage caused to Our lives.

    1. If you consider the matter urgent, explain why.

The conditions of that prison are horrendous and it is a violation of Her dignity. She is detained with criminals. She is being harassed. She has been assaulted. She is not made for that as She is highly civilised. All She needs is a simple stamp in Her passport. We have gone to every length just for that. The immigration act states that there is a simplified procedure especially for people of her intellect and the staff at DHA should be aware of it. She is not a criminal but she is treated as one at present. She has been through enough and so have I!

 

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