The foreign national was jailed for money laundering, VAT fraud, corruption and possession of illegal identity documents.
The High Court in Johannesburg has dismissed the latest bail application of an undocumented Zimbabwean national convicted of multiple serious crimes.
Jeremiah Nyasha Musuwach Dube, who has been in custody for over a decade, had sought release pending his application for leave to appeal against his sentence with the Supreme Court of Appeal (SCA).
Dube was arrested in July 2015 and remained in custody throughout his trial, which commenced in August 2018.
ALSO READ: Bail denied for Kudakwashe Mpofu who allegedly used fake permit to get top government job
Following multiple interlocutory applications that were dismissed for lack of merit and with his conduct during the trial deemed an abuse of process, Dube was sentenced in April 2024 to an effective 65-year prison term for money laundering, VAT fraud, corruption and possession of illegal identity documents.
The Zimbabwean was never granted bail throughout his trial during which he tried to fight for his release even in the SCA.
This was due to Dube not having a valid passport and a special permit to be in South Africa legally.
His Zimbabwe Exemption Permit (ZEP) expired in December 2017, while his passport expired in October 2022.
Zimbabwean national’s bail application
In his latest bail application, heard on 19 December 2025, Dube argued that the fact that he does not have a valid passport or a valid permit to stay in South Africa should not play a role in the high court’s consideration of bail.
He told the court that, if granted bail, he could go to the Zimbabwean Embassy and get a new passport.
Dube also contended that getting a permit should not be a problem, as he was previously given one.
The Zimbabwean national also argued that section 321 of the Criminal Procedure Act (CPA), which deals with suspension of sentences pending appeal, should take precedence over section 60, which governs bail.
ALSO READ: ‘Help bring us home’ – Zimbabwean permit holders say life in SA has become intolerable
He further highlighted, this time in a supplementary affidavit, that his ZEP permit was automatically renewed when Home Affairs Minister Leon Schreiber extended the validity of the special permit to May 2027.
According to him, this meant that he was not illegally in the country.
The state, meanwhile, argued that Dube was a flight risk when he was arrested and there is nothing to indicate that risk has dissipated.
The prosecution maintained that there is nothing keeping him in South Africa if released and he can easily leave the country to return to Zimbabwe.
It said that Dube himself conceded it would be easy for him to obtain a new passport.
High Court judgment
In her judgment, acting judge Elizabeth Nieuwoudt noted that, given his decade-long imprisonment without bail, there is no evidence that Dube would surrender to serve his sentence if his appeal is unsuccessful.
Furthermore, as an undocumented foreign national, his release would render him liable to commit a Schedule 1 offence.
The court also scrutinised Dube’s personal circumstances, including his residence, employment and family responsibilities.
WATCH: SANDF intercepts over 1 000 undocumented foreigners at border in Limpopo
Nieuwoudt noted that he haf been incarcerated for 10 years, is unemployed and is not the primary caregiver of his minor child.
The majority of his children are adults and independent, meaning there is no compelling reason tied to family responsibilities to justify bail.
Responding to Dube’s claim that his permit is valid until 2027, the court concluded that he is excluded from this extension due to his prior criminal convictions involving fraudulent documents.
“He is illegally in the Republic of South Africa and, therefore, not capable of residing permanently anywhere in South Africa,” the judgment reads.
Appeal
Lastly, Nieuwoudt pointed out that a bail bid pending a leave to appeal application is distinct from the appeal itself, which has not yet been granted.
“The applicant must, therefore, still convince the Supreme Court of Appeal that the appeal should be heard and that his argument that there are prospects of success, which [equate to] exceptional circumstances, is not correct.
“If the Supreme Court of Appeal grants leave to appeal, the applicant’s argument might be valid, but now, based on the evidence before me, this current argument is flawed and can, therefore, not be considered.”
Dube’s bail application was consequently dismissed, leaving him in custody as he awaits his appeal in the SCA.
NOW READ: More than 500 Zimbabweans may be in limbo after police seize passports and cash
