Child trafficking accused denied bail
KIMBERLEY Magistrate Mongala believes that Zimbabwean national Beulla Mandpdukudza Maruza, 41, “has a case to answer to” after she was found travelling with 14 undocumented children from Harare to Cape Town.
Maruza, who is facing human trafficking charges, was denied bail in the Kimberley Magistrate’s Court this week.
She was arrested along with her co-accused, Tafadzwa Otis Nakakurwa, 46, on December 5 last year when the bus they were travelling on made a pit stop at the Engen garage in Oliver Road in Kimberley.
They were en route from Midrand to Cape Town when a vigilant passenger noticed that the children, who are between the ages of six and 14 years old, appeared to be subdued, hungry and dirty and were not carrying any luggage or a change of clothes.
Maruza’s legal representative, advocate Lerumo, argued that like her co-accused Nakakurwa, who was released on bail of R5 000 last month, Maruza should also be granted bail.
“The State relies on a confession and statements from the children. The accused is unable to run her business while in custody and is the main breadwinner in the family,” said Lerumo.
He added that the children knew where they were going as they usually visited their parents, who were living in Cape Town, during December.
“There is no evidence that they would be used for child labour or that there was any form of human
trafficking. My client should be presumed innocent until proven guilty. She has handed in her passport to the authorities and is prepared to remain in South Africa for the duration of the trial.”
State prosecutor Buntu Dwenga stated that it was “problematic” verifying Maruza’s address.
“If she was staying at the same address for the past four years, it should not be a struggle to confirm it and ascertain her family ties. Her movement report at the Department of Home Affairs indicates that she last entered the country two years ago, which implies that she was unlawfully in the country when she was transporting the children from Zimbabwe to Cape Town. This contradicted oral evidence from the defence that she was travelling from Musina to Midrand in Gauteng. If she has the ability to cross the borders undetected, she has a motive to permanently leave the country and evade her trial. She is a flight risk and her stay in the Republic of South Africa is questionable,” said Dwenga.
Magistrate Mongala noted that despite claims by the defence, Maruza had little knowledge of Zulu but was however able to understand English.
“In the absence of an adult guardianship that can keep them safe, the court is responsible for the safekeeping of the children. They are being kept in state custody. The defence did not dispute that the children were made to cross a crocodile-infested river to enter the borders of South Africa.”
She indicated that it was necessary to trace the accused to ensure that she attended court proceedings.
“The person who confirmed her address in Cape Town is apparently her cousin. However, there is no record of her movements into the country before April 21, 2022.”
She added that the accused had entered and exited the country without a trace in April 2022 and May and June 2023.
“She again came into the country on December 2, 2023, and exited without being detected on the Department of Home Affairs system. She returned on December 5, 2023. Her movements are very suspicious. There is evidence that she paid R1 000 for the children to move over the border without documents.”
Magistrate Mongala believed that the accused’s health conditions, including shortness of breath and pain experienced on her Caesarean section cut, did not amount to exceptional circumstances to justify her release.
“Every woman who has had a Caesarean incision can attest that the surgical site becomes painful when the weather is not conducive.”
She postponed the case for further investigation and both accused are expected to re-appear in court on February 12.