Cape Town - A father of four who brought his children to South Africa from the US, has been denied an application for leave to appeal for bail while he faces extradition on charges of International Parental Kidnapping.
The man came to the country on a visitor’s visa at the end of October 2021, which expired during January this year.
Three of his children were minors, and one was 18.
After not returning the children to their mother, with whom he had a custodial agreement, a warrant was issued for his arrest and he was apprehended in Upington in March this year.
“(He) was staying with the children in tents, together with a group referred to as a missionary group praying together at a farm in Upington, 10km from the border of Namibia.
“On the issue of returning the children, he indicated that he had financial constraints.
“He could not afford flights back to the US and the Covid-19 restrictions added to his problems as he had to undergo tests before flying to the US”, the Northern Cape High Court judgment read.
“He and his older child had to work at the farm to gather funds to return to the US, as well survive in South Africa.
“He was also intending touring Africa with the children.
“He insisted he was not in the wrong in the US and is going to oppose his extradition...Evidence by the State was that, other than the arrest warrant sought by the US, at the farm where the appellant and company lived, there were also allegations of children being taught how to shoot,” the judgment read.
After his arrest, the father was remanded in custody pending an extradition enquiry in terms of the Extradition Act and the children were ‘rescued’ and returned to their mother in their home country.
The man’s lawyer argued that he should be released on bail as there “is no offence in South African Law that the appellant committed or that is equivalent to ‘International Parental Kidnapping’ (and) there is no offence here (in South Africa) as contemplated by section 60(1)(a) of the Criminal Procedure Act (CPA) for purposes of bail proceedings and that meant the detention of the appellant was wrong and the appeal must be upheld.
In the US, the father has previous convictions involving a firearm and of domestic violence.
He now faces a charge of kidnapping of children, which amounts to a schedule 5 offence.
Before dismissing his bail application, Judge Cordelia Kgopa said the father faced a serious offence in the US, with added weight of his previous convictions relating to firearms and domestic violence.
Northern Cape National Prosecuting Authority (NPA) spokesperson, Mojalefa Senokoatsane, said: “The NPA has taken note of the outcome of the appeal and is satisfied with the results of the appeal.”
Cape Times
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