No Bail, No Exit: High Court Keeps Undocumented Zimbabwean Behind Bars

For Jeremiah Nyasha Musuwach Dube, the prison gates will remain firmly shut. This week, the Johannesburg High Court dismissed his latest attempt to secure bail, reinforcing a hard line against convicted foreign nationals without legal status in South Africa.

Dube, an undocumented Zimbabwean national, is serving an effective 65-year prison sentence for a string of serious offences, including money laundering, VAT fraud, corruption and possession of illegal identity documents. He had asked the court to release him while he waits to hear whether the Supreme Court of Appeal (SCA) will even consider his case.

The court was not persuaded.

A Long Road Through the Courts

Dube’s legal saga stretches back more than a decade. Arrested in July 2015, he remained behind bars throughout a trial that only began in August 2018. Along the way, he launched multiple legal challenges, many of which were dismissed, with the court later describing his conduct as an abuse of process.

In April 2024, the gavel finally fell, and Dube was sentenced to spend the better part of his life in prison.

Crucially, he was never granted bail at any stage, largely because he could not prove lawful residence in South Africa. His Zimbabwe Exemption Permit expired in 2017, and his passport followed in 2022.

The Bail Argument And Why It Failed

In his most recent application, heard in December 2025, Dube argued that his lack of valid documents should not count against him. He told the court that, if released, he could simply approach the Zimbabwean embassy to obtain a new passport and apply for a permit.

He also claimed that recent extensions to special permits meant he was no longer in the country illegally.

The state disagreed strongly.

Prosecutors argued that Dube remains a clear flight risk, pointing out that he himself admitted how easy it would be to secure travel documents and leave the country. With no stable employment, no permanent legal residence and limited family responsibilities in South Africa, they said there was nothing anchoring him to the country.

The Court’s View: Risk, Reality and Responsibility

Acting judge Elizabeth Nieuwoudt took a firm stance. In her ruling, she noted that after 10 years in custody, there was no evidence Dube would return to prison if his appeal failed.

She also rejected his claim about permit extensions, finding that his prior convictions involving fraudulent documents exclude him from any automatic renewal.

In plain terms, the court ruled that Dube is illegally in South Africa and cannot lawfully reside anywhere in the country if released, a factor that alone weighs heavily against bail.

Bigger Picture: Law, Borders and Public Sentiment

Cases like this often spark heated debate online, touching on immigration, crime and accountability. On social media, reactions have ranged from support for the court’s tough stance to renewed calls for faster finalisation of long-running criminal cases.

What this judgment makes clear is that bail pending appeal is not a given especially where serious crimes, long sentences and immigration violations intersect.

For now, Dube remains behind bars, waiting to see whether the Supreme Court of Appeal will even open the door to hearing his case. Until then, the High Court has made its position clear: no bail, no exceptions.

{Source: The Citizen}

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