Despite the Department of Home Affairs’ stringent laws on children travelling in and out of the country‚ the department still has no idea how a British national managed allegedly to smuggle his three children from Johannesburg through the Lebombo border post into Mozambique without their mother’s consent.
“The department has launched an investigation into the matter. This entails going through the movement-control system to determine where there could have been any breaches‚” said department spokesman Thabo Mokgola.
This was three weeks after the department was supplied with the children’s passport numbers‚ to verify what documents were supplied by the children’s father‚ Abdul Tarmohamed‚ to legally allow them to pass through.
The legislation states that when one parent is travelling with a child‚ the parent staying at home must provide an affidavit providing consent for the child to travel with the other parent‚ as well as copy of their identity document or passport.
But 14 months after they left‚ Somiya Basar insists that she did not have a say in her children‚ aged 11‚ 10 and three‚ leaving the country.
“I cannot give up on my children. I will fight... until I have them with me again‚” Basar told TimesLIVE.
She is originally from India‚ and her children were born in Mozambique. Tarmohamed has business interests in South Africa’s neighbour‚ and the couple lived in Mozambique for a few years before relocating to Johannesburg.
Basar said that following the collapse of her marriage‚ her husband had started their divorce proceedings‚ and she was served papers stating that he had been awarded temporary custody of the children by a Mozambican court.The children‚ however‚ were at the time living and attending school in South Africa. The order had been granted without her ever being ordered to come to court‚ alleged Basar.
A legal battle ensued‚ in which she was eventually granted temporary custody by the High Court in Pretoria‚ pending a decision on whether the children would go to Mozambique to be with their father or remain with their mother‚ who intended to relocate to the United Kingdom‚ where she has family.
On the children’s last day in South Africa‚ Tarmohamed asked to take them out for a few hours‚ Basar said. They never returned.
“The court in Mozambique [then] awarded him full custody‚ because they were unaware there was another custody battle in South Africa. He told them that I was [missing].”
The Brit was nabbed in South Africa several weeks later‚ and charged with contempt of a court order and wrongful removal of the children. After numerous bail applications‚ he was granted R50‚000 bail in April.
He told the Randburg Magistrate’s Court that he had known nothing about the court order that barred him from taking the children.
On Tuesday‚ he returned to court to face these charges‚ and a separate one of allegedly assaulting his ex-wife. Basar alleges that in December 2015‚ he had dragged her alongside his car‚ injuring her heels.
The court ruled that while it was not fully convinced of Tarmohamed’s version – that he was not aware that she had been hanging onto the car when he sped off – it would give him the benefit of the doubt.
He was found not guilty of assault with intent to cause grievous bodily harm. In the separate matter regarding the children‚ the case was postponed to November 6.
Basar said she that had never interacted with the prosecutor who handled her children’s case on Tuesday. She was told another prosecutor would be handling the matter from the next court appearance.
As the legal process draws out‚ the children remain in Mozambique‚ under the care of Tarmohamed. Basar‚ whose visa forces her to leave South Africa every few weeks‚ says she has seen her children only a handful of times‚ for just a few minutes at a time‚ on the occasions she has travelled to Mozambique.
If she’s lucky‚ she says‚ she speaks to her children once a week on their father’s cellphone.
The petite‚ soft-spoken woman tried to remain upbeat following Tuesday’s proceedings. She sat next to the prosecutor who had handled her assault case‚ trying to ask questions. Seemingly uninterested‚ the prosecutor played an electronic crossword puzzle on her phone.
Basar continued to put on a brave face. “I’m okay‚” she said as she left the court.
Home Affairs can’t explain how children were allegedly smuggled out of SA
Despite the Department of Home Affairs’ stringent laws on children travelling in and out of the country‚ the department still has no idea how a British national managed allegedly to smuggle his three children from Johannesburg through the Lebombo border post into Mozambique without their mother’s consent.
“The department has launched an investigation into the matter. This entails going through the movement-control system to determine where there could have been any breaches‚” said department spokesman Thabo Mokgola.
This was three weeks after the department was supplied with the children’s passport numbers‚ to verify what documents were supplied by the children’s father‚ Abdul Tarmohamed‚ to legally allow them to pass through.
The legislation states that when one parent is travelling with a child‚ the parent staying at home must provide an affidavit providing consent for the child to travel with the other parent‚ as well as copy of their identity document or passport.
But 14 months after they left‚ Somiya Basar insists that she did not have a say in her children‚ aged 11‚ 10 and three‚ leaving the country.
“I cannot give up on my children. I will fight... until I have them with me again‚” Basar told TimesLIVE.
She is originally from India‚ and her children were born in Mozambique. Tarmohamed has business interests in South Africa’s neighbour‚ and the couple lived in Mozambique for a few years before relocating to Johannesburg.
Basar said that following the collapse of her marriage‚ her husband had started their divorce proceedings‚ and she was served papers stating that he had been awarded temporary custody of the children by a Mozambican court.The children‚ however‚ were at the time living and attending school in South Africa. The order had been granted without her ever being ordered to come to court‚ alleged Basar.
A legal battle ensued‚ in which she was eventually granted temporary custody by the High Court in Pretoria‚ pending a decision on whether the children would go to Mozambique to be with their father or remain with their mother‚ who intended to relocate to the United Kingdom‚ where she has family.
On the children’s last day in South Africa‚ Tarmohamed asked to take them out for a few hours‚ Basar said. They never returned.
“The court in Mozambique [then] awarded him full custody‚ because they were unaware there was another custody battle in South Africa. He told them that I was [missing].”
The Brit was nabbed in South Africa several weeks later‚ and charged with contempt of a court order and wrongful removal of the children. After numerous bail applications‚ he was granted R50‚000 bail in April.
He told the Randburg Magistrate’s Court that he had known nothing about the court order that barred him from taking the children.
On Tuesday‚ he returned to court to face these charges‚ and a separate one of allegedly assaulting his ex-wife. Basar alleges that in December 2015‚ he had dragged her alongside his car‚ injuring her heels.
The court ruled that while it was not fully convinced of Tarmohamed’s version – that he was not aware that she had been hanging onto the car when he sped off – it would give him the benefit of the doubt.
He was found not guilty of assault with intent to cause grievous bodily harm. In the separate matter regarding the children‚ the case was postponed to November 6.
Basar said she that had never interacted with the prosecutor who handled her children’s case on Tuesday. She was told another prosecutor would be handling the matter from the next court appearance.
As the legal process draws out‚ the children remain in Mozambique‚ under the care of Tarmohamed. Basar‚ whose visa forces her to leave South Africa every few weeks‚ says she has seen her children only a handful of times‚ for just a few minutes at a time‚ on the occasions she has travelled to Mozambique.
If she’s lucky‚ she says‚ she speaks to her children once a week on their father’s cellphone.
The petite‚ soft-spoken woman tried to remain upbeat following Tuesday’s proceedings. She sat next to the prosecutor who had handled her assault case‚ trying to ask questions. Seemingly uninterested‚ the prosecutor played an electronic crossword puzzle on her phone.
Basar continued to put on a brave face. “I’m okay‚” she said as she left the court.
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