The Hawks raided the Pretoria High Court over allegations that an employee had been issuing fraudulent notices of motion to undocumented foreign nationals.
Image: Jacques Naude / Independent Newspapers
Experts believe that the issuance of fraudulent notices to undocumented foreign nationals is a widespread issue.
Hannes Breytenbach, a senior immigration consultant and founder of Breytenbachs Immigration Consultants (BIC) Ltd, said his firm encountered clients who presented official-looking documents that had no legal standing over the years.
He said in some cases, these documents delayed deportation proceedings, creating confusion and false hope for the individuals involved.
Breytenbach made these remarks after the Hawks yesterday raided the Pretoria High Court over allegations that an employee has been issuing fraudulent notices of motion to undocumented foreign nationals to prevent their deportation to their countries of origin.
Breytenbach said it was particularly troubling when these documents were issued from within formal court systems, adding that this lends a false sense of legitimacy.
The operation specifically targeted one office and an individual believed to be central to the commission of these offences.
Breytenbach said this not only undermines the integrity of “our” legal and immigration systems but also places vulnerable individuals at greater risk.
“Such actions erode public trust in lawful immigration processes and cast a shadow over the work of many dedicated officials who act with integrity,” he said.
He said the following steps should be taken:
- Thorough investigation & Prosecution: The authorities must be allowed to fully investigate and prosecute those responsible. If criminal syndicates are involved, the law must take its course to dismantle these networks.
- Stricter oversight: There is a clear need for stronger controls within the court and immigration offices. This includes secure access protocols, document verification technology, and regular audits.
- Public Education: Foreign nationals and the public must be educated on legitimate procedures and the risks of engaging with intermediaries promising ‘quick fixes’ or illegal paperwork.
- Support for victims: Many affected individuals are misled and exploited. Where appropriate, support and legal pathways should be made available to assist those who have been defrauded.
“We commend the Hawks for their decisive action and hope it sends a strong message that corruption and exploitation of the immigration system will not be tolerated,” he said.
Immigration lawyer Ashraf Essop said the allegations mean the justice system was corrupted and the country needs to do everything possible to stop it.
Immigration expert Professor Loren Landau said the documentation for a fee has been a long-standing issue in South Africa.
Landau said this was a consequence of a migration framework that makes it almost impossible for people to secure documents legally and a “corrupt system” that withholds documentation to drive up the price.
Landau added that concerted efforts are needed to address both concerns.
Meanwhile, the Department of Justice and Constitutional Development welcomed the action and commended the Hawks for their continued efforts to combat corruption within the justice system.
Spokesperson Terrance Manase said Minister Mmamoloko Kubayi reaffirmed the Ministry’s unwavering support for the Office of the Chief Justice in its efforts to root out individuals who bring the judiciary into disrepute.
“In this regard, the minister emphasised that the law must take its full course and that all due process must be followed meticulously,” he said, adding that should the accused be found guilty, this would represent the removal of yet another bad apple whose actions undermine the integrity of the justice system and obstruct access to justice.
Hawks spokesperson Katlego Mogale said the investigators have yet to read the documents seized in the office.
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