Court slashes sentences of Tanzanian nationals, orders deportation

2026-03-20 - 11:40

The Western Cape High Court in Cape Town has reduced the sentences of five Tanzanian nationals convicted of being in South Africa illegally, and has ordered their deportation. Issa John, Hamadi Rashidi, Suleimani Hassan, Maulidi Mananda Mhuhoada and Innocent Felic pleaded guilty in the magistrate’s court earlier this year. Their sentences — handed down in February 2026 — saw John and Felic jailed for 12 months, while the remaining three were given the option of a R3 000 fine or 90 days’ imprisonment. The matter came before the Western Cape High Court on automatic review and was heard on 17 March. Guilty pleas and personal circumstances All five accused entered guilty pleas on 30 January 2026 after being denied bail twice. In mitigation, they outlined their personal circumstances and requested leniency from the court. John, 33, told the court he is unmarried, unemployed, and has two children. Rashidi, 29, said he supports two minor children and works as a barber, while Hassan is a fruit seller. ALSO READ: Undocumented Zimbabwean man serving 65-year prison sentence denied bail pending appeal Mhuhoada, a painter, and Felic, who works in a Somalian-owned shop, both said they each have two and no children respectively, with Felic confirming he is 32. The group requested suspended sentences and indicated their willingness to leave South Africa voluntarily. However, the state opposed this, arguing that the accused had prior convictions and should face punishment, saying they had “victimised” their continued stay in the country. Criminal history The magistrate took into account the accused’s criminal records when imposing sentences. John had multiple prior convictions for contravening South Africa’s immigration laws across KwaZulu-Natal (KZN) and the Western Cape 2019 and 2021. He previously received fines and suspended sentences under section 49 of the Immigration Act. READ MORE: DJ Warras’s murder: Mozambican national abandons bail, fears for his life Rashidi and Hassan had robbery convictions in 2024 and 2020, respectively, while Mhuhoada had a 2013 theft conviction — all in Cape Town. Felic had also been repeatedly convicted of illegal stay, with offences recorded in Durban and Cape Town between 2016 and 2019, resulting in two jail terms of under 30 days each. Western Cape High Court judgment On review, Acting Judge Julia Anderssen found the magistrate’s sentencing approach flawed. The judge said the accused’s personal situations were largely ignored. “No note was made on the record as to the circumstances of the children’s mothers and to what extent the accused are providing for them financially. “There is no indication on the record as to whether the children are living in South Africa or elsewhere,” the recent judgment reads. READ MORE: BMA arrests more undocumented foreign nationals entering SA illegally The high court also found that the fines imposed on Rashidi, Hassan, and Mhuhoadawere unrealistic given their financial circumstances. “The record reflects that the only amount of money that the family members of the accused could scrape together for bail was R500 each. “The accused would not be able to pay a R3 000 fine and would inevitably be imprisoned for 90 days. “In addition, by the time the sentence was handed down, they had already been incarcerated for about 77 days – between at least 8 December 2025 and 24 February 2026 – without bail.” Reduced sentences Anderssen ruled that the sentences should be reduced to a R1 000 fine or 30 days’ imprisonment, wholly suspended for three years on condition. John and Felic, who had multiple prior convictions for the same offence, were still sentenced to direct jail time, though reduced. “Direct imprisonment, without the option of a fine, is appropriate but not for a period of 12 months. In each of their cases, the sentences are corrected to 90 days’ imprisonment.” All five men will be deported from South Africa. John and Felic will first serve their revised 90-day prison sentences before being removed from the country. NOW READ: Police: If you are harbouring illegal immigrants, you’ll be treated as criminals