All five accused entered guilty pleas to violating South African immigration laws.
The Western Cape High Court in Cape Town has commuted the sentences of five Tanzanian citizens convicted of staying in South Africa illegally, and ordered their deportation.
Issa John, Hamadi Rashidi, Suleimani Hassan, Maulidi Mananda Muhoda and Innocent Felique pleaded guilty in the Magistrate's Court earlier this year.
Their sentencing – handed down in February 2026 – saw John and Felik jailed for 12 months, while the remaining three were given the option of a R3,000 fine or 90 days' imprisonment.
The case came before the Western Cape High Court on automatic review and was heard on 17 March.
Guilty pleas and personal circumstances
After being denied bail twice, all five accused entered guilty pleas on January 30, 2026.
In mitigation, he outlined his personal circumstances and requested leniency from the court.
John, 33, told the court that he was unmarried, unemployed and had two children.
Rashidi, 29, said he supports two minor children and works as a barber, while Hassan is a fruit seller.
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Muhoda, a painter, and Felik, who works in a Somali-owned shop, both said they each had two and no children respectively, with Felik confirming he was 32 years old.
The group requested a suspended sentence and indicated their desire to leave South Africa voluntarily.
However, the state opposed this, arguing that the accused had been previously convicted and should face punishment, adding that they had “suffered” their continued stay in the country.
criminal history
While sentencing, the magistrate took into account the criminal record of the accused.
John was convicted multiple times in 2019 and 2021 for violating South African immigration laws in KwaZulu-Natal (KZN) and the Western Cape.
He had earlier received a fine and a suspended sentence under Section 49 of the Immigration Act.
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Rashidi and Hassan were convicted of robbery in 2024 and 2020 respectively, while Mahhoda was convicted of theft in 2013 – all in Cape Town.
Feliks was also repeatedly convicted of illegal migration, with the offenses recorded in Durban and Cape Town between 2016 and 2019, resulting in two jail sentences of less than 30 days.
Western Cape High Court decision
Upon review, Acting Judge Julia Anderson found the magistrate's sentencing approach flawed.
The judge said that the personal circumstances of the accused were largely ignored.
“No note was made on record as to what were the circumstances of the mothers of the children and the extent to which the accused were providing them financially.
More recently, “there is no indication on record whether the children are living in South Africa or elsewhere.” cataclysm Reads.
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The High Court also found that the fines imposed on Rashidi, Hassan and Muhoda were unrealistic given their financial circumstances.
“Records show that the family members of the accused could raise only Rs 500 for bail.
“The accused will not be able to pay the fine of Rs 3,000 and will have to undergo a mandatory jail term of 90 days.
“Furthermore, by the time he was sentenced, he had already been in jail without bail for approximately 77 days – at least between December 8, 2025 and February 24, 2026.”
sentences reduced
Anderson ruled that the sentence should be reduced to a fine of Rs 1,000 or 30 days' imprisonment, with the condition entirely suspended for three years.
John and Felik, who had been convicted of the same crime several times before, were still sentenced to straight prison terms, although reduced.
“Direct imprisonment without the option of fine is appropriate, but not for a period of 12 months. In each of their cases, the sentence is commuted to 90 days' imprisonment.”
All five men will be deported from South Africa.
John and Felik will serve their revised 90-day prison sentences before being deported from the country.
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