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WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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I am a former South African citizen, having rescinded my

Customer Question

I am a former South African citizen, having rescinded my citizenship 8 years ago. In my departure from South Africa, and the subsequent sale of all business and personal assets - prior business debt, inclusive of credit card debt has come to light, to which I have been unresponsive and which still remain unpaid. I am required to return to South Africa on business for 3 days - are there any implications for me on arrival? In my minds eye, I picture creditors standing in line at the airport, ready to take me away. Could this be a reality, considering my absence since 2008?
Submitted: 2 years ago.
Category: South Africa Law
Expert:  WCLawyer replied 2 years ago.

Good Morning.

No implications. None whatsoever. You will not be arrested. You will not be detained in the country until you pay your debt. None of that. I 100% guarantee you.

As simple as that.

I hope I have answered all of your questions and addressed all your concerns, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively.

Customer: replied 2 years ago.
I appreciate the pointedness of your response. Is there a lawful reference you could provide?Moreover, without any intention to create the perception of anything sinister in my past, which it certainly was not - at time of my departure and liquidating my assets, my former business partner, in spite, as I heard from a third party, issued a warrant for my arrest on my return. On what grounds, I have no idea, nor have seen anything formal in this regard. If it was true, would this still be an issue today, considering the lapse in time?
Expert:  WCLawyer replied 2 years ago.

This is the case that made that practice unconstitutional.

The only thing that you can be arrested for is if you are suspected of committing a crime or committed a crime. I don't know if your partner maybe charged you with something and there is no way for me to be able to check, unfortunately. In order to find that out, you would need to contact the SAPD or hire an attorney to contact the SAPD on your behalf.

But purely for debt: No chance of getting arrested.

Customer: replied 2 years ago.
in a hypothetical where a warrant was issued 8 years ago, how would this play out on arrival, if at all? Assuming also there is no connection to my current citizenship. In a deeper hypothetical, if I were held by the authorities, do they have the right and what are mine?
Expert:  WCLawyer replied 2 years ago.

Assuming that there is a warrant and it is executed at the airport, they can hold you for a maximum of 48 hours. Within that 48 hours, you must be brought before a court to be formally charged and a bail hearing must be held. At the bail hearing, you will be released against payment of a certain amount that you will get back if you attend all the court dates. Your rights will be read out to you and you will get it in writing. The most important one is the right to appoint an attorney to represent you. In the unlikely event that you are arrested, I suggest that you obtain the services of an attorney as quickly as possible.