A Pretoria High Court employee is accused of enabling illegal stay in SA through fraudulent court documents.
The allegations of fraudulent notices of motion issued by an employee of the High Court in Pretoria do not reflect on the failure of the justice system, according to experts.
Directorate for Priority Crime Investigation spokesperson colonel Katlego Mogale said they conducted a search-and-seizure operation at the high court on Tuesday, following allegations that a court employee issued fraudulent notices of motion to illegal foreigners.
Fraudulent notices to prevent deportation
“It is alleged the employee has been issuing fraudulent notices to undocumented foreign nationals to prevent their deportation. This matter was formally reported to the Directorate for Priority Crime Investigation in March,” she said.
Mogale said the search-and-seizure operation specifically targeted the individual believed to be central to the commission of these offences, adding exhibits were seized for further investigation.
Political analyst Piet Croucamp said the fact that it happened at a court makes it seem more dramatic.
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‘Not a reflection on the court of law’
“But it was just an administrative officer; it’s not a reflection on the court of law. This is simply a misuse of administrative processes. There’s a lot of corruption in immigration and deportation,” he said.
Senior advocate specialising in criminal defence Johan Guam said it was concerning to read there was negligence on the personnel of the registers office.
“A motion notice is a process that’s formally initiated through the office of the registrar to obtain relief from the high court and this is used to get illegal immigrants to stay in the country,” said Guam.
“If you are cited as an applicant or respondent in a motion procedure, you have to answer to that because you either have to obtain an order or interdict from the court against somebody or on your behalf.”
corruption in immigration and border control
Research specialist at the Institute for Human Rights and Criminal Justice Studies Anthony Minnaar said there was widespread corruption not only in courts, but also at Border Control Authority ports of entry and more specifically at the department of home affairs with regard to issuing false permits.
“South African ID cards and visa extensions for permanent residents are illegally issued by corrupt officials, especially in the more rural provinces of Limpopo and Mpumalanga,” said Minnaar.
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“But this issuing of fraudulent notices of motion seems to be a new avenue for undocumented immigrants to avoid being deported.”
Rural criminologist Witness Maluleke questioned whether South Africa would ever be free of the alleged corrupt practices.
“The public service departments are becoming a circus. We often hear about the same normalised corrupt ways of living in South Africa, with limited deterrent actions seen from the police service,” he said.
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