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Phale v Minister of Home Affairs and Others ( 22852/11 ) [2011] ZAGPPHC 71

27th May 2011

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  • Phale v Minister of Home Affairs and Others ( 22852/11 ) [2011] ZAGPPHC 71
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[1] The applicant is to be tried on charges of fraud and contravening the Immigration Act 13 of 2002 (‘the Act’) in the Rustenburg magistrates’ court. During March 2011 the applicant applied to the Rustenburg magistrates’ court to be released on bail. The investigating officer in his criminal case did not object to the applicant being released but the second respondent did. On 4 April 2011 the court ordered that the applicant be released on bail of R3 000 subject to stringent reporting conditions. On the same day an official of the Department of Home Affairs addressed a ‘Warrant of Detention of an Illegal Foreigner’ in terms of the Act to the Rustenburg SAPS. The warrant reads as follows:

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