THE BOGUS IMMIGRATION CHARGE

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On 14 March, when the charges were being withdrawn by the prosecution, conscious that I would therefore be released and having not yet fully concluded the high court hearings (due for the next day), the Investigating Officer added a bogus immigration charge.

 

In the hope the prosecution continues to object to bail. Despite this, the prosecution was content to no longer object to bail.   For complete clarity, the charge laid by Serg Stevens  was:

 

“ inter alia, contravening the provisions of the Immigration Act 13 of 2002, as amended ("Act"), in that upon the expiration of his VISA, on 23 March 2021, he failed to depart from the Republic of South Africa, hence in doing so he remained illegally within the Republic”

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1. As Serg Stevens well knew, this was an impossibility, as the Home Affairs Department had automatically extended the visas of everyone who had entered SA when I did for all of 2021. And went on to offer the moratorium on visa extensions for all of 2022 and 2022.

2. Secondly, contrary to the claims of the Investigating Officer Serg Stevens that I had never extended my visa since arriving, I had extended it in late 2021 and was granted an extension which took me through to 2022.

3. The Investigating Officer Serg Stevens  also knew this as he still illegally had possession of my passport, in which the stamp was located.

4. Thirdly, as my passport had been stolen at the start of 2022 and had been held illegally and secretly by SAPS for the remainder of 2022 and all of 2023, so the Investigating Officer Serg Stevens  was aware why no visa extension had been applied for during that period. 

5. The Investigating Officer Serg Stevens  told the prosecution none of this.

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Despite the bogus nature of the immigration charge the Investigating Officer refused to withdraw it and proceeded to a full trial. As a result, my attorneys advised that we submit Representation to the Senior State Prosecutor.

 

We submitted detailed Representations on 29 June 2022. After two months, the Senior Public Prosecutor confirmed the charge was withdrawn.

 

Despite this, the Investigating Officer Serg Stevens  still refused to return my equipment, stating that they intended to bring further charges. Despite the attorneys pointing out that fishing expeditions were illegal in SA, that they had no legal right to retain my devices, and that information gleaned in an illegal manner would by definition be inadmissible. They refused. Indeed, the commander himself sent a letter informing the attorneys they would continue to retain the equipment.

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​Sergeant Stevens  immigration charge, his attempts to motivate a criminal prosecution for failing to leave SA on 23 March 2021, amount to a malicious prosecution, an attempt to unlawfully arrest and detain, an abuse of his position and authority, and was built entirely on fabricated evidence. Assisted by his breaches of due process and aide but eh various false affidavits including his own.