Deportation case against Chidimma Adetshina stalls as court weighs immigration detention ruling

Former Miss South Africa finalist and Miss Universe Nigeria 2024 winner Chidimma Adetshina returned to the Cape Town Regional Court on Monday as she challenges the Department of Home Affairs’ bid to detain and deport her, but proceedings were adjourned after a legal obstacle emerged.

What happened in court

The hearing was interrupted when the court considered a recent Western Cape High Court ruling that magistrates do not have jurisdiction to issue warrants of arrest for the purpose of immigration detention. The High Court said those powers rest with immigration officers, creating a legal barrier to Home Affairs’ application and prompting the adjournment to allow the parties to engage further.

Why Home Affairs moved to detain her

The Department of Home Affairs is seeking confirmation of Adetshina’s detention for deportation, saying she is not lawfully in South Africa and that her South African identity documents were withdrawn after an investigation. Home Affairs said its probe found prima facie indications of fraud and identity theft involving documents linked to her mother, and has argued Adetshina lacks a valid basis to remain in the country.

Adetshina’s position and legal arguments

Adetshina is opposing her detention. Her legal team has argued that alternatives to detention should be considered and that those options were not properly assessed before Home Affairs approached the court. They also say Home Affairs brought the matter before court and should have been ready to proceed; the legal team said it is prepared to continue with the case.

How the dispute began

The controversy dates to 2024 when Adetshina entered the Miss South Africa competition. Although she was born in Soweto, questions were raised about her eligibility because of her family background; her father is Nigerian and her mother Mozambican. The Miss South Africa organisation asked Home Affairs to verify her citizenship status.

Events since 2024

Adetshina withdrew from the Miss South Africa competition in August 2024, saying the decision was made to protect herself and her family amid public scrutiny and safety concerns. She later accepted an invitation to compete in Miss Universe Nigeria and won that title; she went on to represent Nigeria at the Miss Universe competition in Mexico, where she finished as first runner-up.

Arrest and related proceedings

Home Affairs arrested Adetshina last month after alleging she entered South Africa illegally through the Lebombo border post with Mozambique. The arrest formed part of the department’s efforts to address her immigration status. Her mother was also arrested in connection with alleged fraud relating to identity documents and was granted R10,000 bail.

Legal issues at the centre of the case

The proceedings raise several legal questions, including whether Adetshina has lawful grounds to remain in South Africa; whether Home Affairs followed correct process in seeking her deportation; whether she can be detained pending deportation; whether alternatives to detention were considered; and how the Western Cape High Court ruling affects immigration detention procedures.

What happens next

The Cape Town Regional Court has adjourned the matter to give the parties time to engage and try to resolve the procedural issue created by the High Court ruling. The immediate issue before the court is whether Home Affairs can secure confirmation of Adetshina’s detention for deportation purposes. No final decision has been made on deportation and the matter remains ongoing.