Pretoria - Bizarre claims against an American citizen who is facing charges of “international parental kidnapping” in the US emerged during his bail application in South Africa.
It was said that he joined a religious cult here, and he and his children were living in the veld in tents.
The father, who may not be identified to safeguard his mostly underage children, came to South Africa towards the end of October last year. He used a visitor’s visa – which expired at the end of January this year – to be in South Africa.
Three of the children he brought were minors and one is aged 18.
There was a custody agreement between the appellant and the mother of the children, which was earlier made an order of the court in the US. The father was supposed to return the children to the waiting mother in the US in November last year, but he did not.
The mother reported the matter to the authorities and the father was subsequently sought on allegations or charges of “international parental kidnapping”.
The US Department of Justice made a request to the South African Department of Justice to assist in the arrest and extradition of the father.
In February this year the Pretoria Magistrate’s Court authorised and issued a warrant for the arrest of the father.
He was arrested a month later near Upington in the Northern Cape on a farm where he stayed with missionaries. He appeared in court and was remanded in custody pending the holding of an extradition inquiry.
The authorities meanwhile rescued his children and sent them back to America in the custody of their mother.
The father twice applied for bail, which was denied. He turned to the high court in the Northern Cape to appeal, but a judge once more ruled that it was best to keep him behind bars pending his possible extradition.
His lawyer argued that he should not be in custody as there was no offence in South African law that was equivalent to “international parental kidnapping”. Thus, if there was no such offence, he argued, he could not be detained.
The father denied any wrongdoing and told the court that he was staying with the children in tents together with a group referred to as “a missionary group praying together” at a farm 10km from the border with Namibia.
On the issue of returning the children, he indicated that he had financial constraints. He could not afford flights back to the US, and the Covid-19 restrictions added to his problems as he had to undergo tests before flying to that country.
He further explained that he and his older child, now 18, had to work at the farm to gather funds to return to the US. They also had to work on the farm in a bid to “survive in South Africa”.
He was also intending to tour Africa with the children and insisted he was not in the wrong. The court, however, noted that he was silent on the expired visa and his being illegally in the country.
While very few details regarding this emerged during the court hearing, the police who had arrested him on the farm also nabbed “missionaries” there during the raid. The court was told that it seemed as if “children were taught to shoot” on this “praying farm”. They are facing charges regarding the illegal possession of firearms and ammunition.
The father meanwhile said he wanted to stay in South Africa and continue his prayer sessions with the missionary group. He also wanted to “continue his relationship with the lover he found here”.
His lawyer said his client was not a flight risk, as he clearly lacked the means to abscond. “He is virtually impecunious and he has no travel documents.”
The lawyer said the notion that he would escape over rugged terrain into Namibia without money, passport or friendly contacts at the other end was “with respect far-fetched and unsustainable”. The court, however, decided otherwise and remarked that the father was facing a serious offence in the US. He had previous convictions in that country involving a firearm and domestic violence.
The only ties he had in South Africa were the “missionary group” he found in Upington and a possible lover. It was thus best that he remained behind bars, the court concluded.
Pretoria News