South Africa tried to jail Miss Universe Nigeria Chidimma as deportation battle deepens
South African authorities asked a court to detain Chidimma Adetshina while pursuing her deportation.
The court reserved judgment until August 19 after hearing arguments from both sides.
Adetshina's lawyers opposed detention, saying she poses no flight risk and is challenging her citizenship status.
South Africa's Department of Home Affairs attempted to have former Miss Universe Nigeria Chidimma Adetshina detained in custody while her deportation case works its way through the courts, in what marks a significant escalation of the legal battle surrounding the 25-year-old beauty queen.
During proceedings at the Cape Town Regional Court on Monday, state lawyers argued that Adetshina lacked the necessary immigration documents to remain in South Africa and should be held in detention pending deportation rather than allowed to move freely while the case continues.
The court did not rule in the state's favour. Presiding Magistrate Reema Khorana reserved judgment on the detention question until August 19, giving both sides additional time while also encouraging them to explore an out-of-court settlement. No agreement was reached.
Prosecutors told the court that Adetshina continues to hold a South African passport she has refused to surrender despite also holding Nigerian citizenship. They further alleged that she obtained Nigerian travel documents for herself and her child in Lagos before using a South African visa to re-enter the country through Mozambique.
Her legal team rejected the state's position, arguing that Adetshina was born in South Africa, has no meaningful ties to Nigeria, and poses no flight risk. They proposed that rather than detention, she should report to an immigration officer every two weeks while the matter is resolved.
Her lawyers also pointed out that the Department of Home Affairs failed to conduct a thorough investigation before invalidating her documents, and noted that her citizenship status remains the subject of a separate challenge before the High Court.
The proceedings were further complicated by a recent Western Cape High Court ruling that magistrates do not have the authority to issue arrest warrants for immigration detention, a power that belongs exclusively to immigration officers. The ruling raises questions about the legal foundation of the detention push against Adetshina.
Adetshina first came to international attention in 2024 when questions about her citizenship forced her withdrawal from the Miss South Africa pageant amid intense public scrutiny. She subsequently represented Nigeria at Miss Universe, finishing first runner-up, the highest placement ever achieved by a Nigerian contestant.
She was arrested in Cape Town in June over allegations that she is residing in South Africa without a valid immigration status. Following Monday's hearing, she described herself as exhausted and depressed but vowed to keep fighting.