By Bahle Gama
Assistant Immigration Officer in the Ministry of Home Affairs and fraud suspect Mbongeni Nkosinathi Zwane has been ordered to pay E100,000 cash as bail by the High Court.
Zwane, who was arrested and made his maiden court appearance on April 17, 2024, before Principal Magistrate Fikile Nhlabatsi faces 26 charges including theft, fraud, and money laundering.
Among other charges, it is alleged that in 2023, Zwane, acting jointly with others, stole five Eswatini Government passport books.
He is also facing a charge of money laundering, in that, between or about the year 2021 to 2024, he unlawfully used money which had been obtained through illicit means. When Zwane was arrested, he was allegedly found in possession of E30,000 cash.
In his bail application, which was opposed by the crown, Zwane contended that he was not part of the people who were issuing passports and visas.
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In his judgement for bail, Judge Mumcy Dlamini said several variables assist the court in determining as to whether the interest of justice shall be served.
One of them is whether investigations are complete or still ongoing. If the investigations for instance are complete, the court can infer that the applicant shall be afforded a speedy trial.
The court might not grant the suspect bail. However, if it is the opposite, the court might grant the application.
Judge Mumcy said the rationale in such a scenario is that the applicant might spend much time awaiting the commencement of his trial.
“No court of law would allow an accused person to be kept in custody for a long time for the reason that an extended incarceration is akin to denial of justice,” said the Judge.
She noted that Zwane’s charge sheet reflects 26 counts, 20 for fraud, five for theft and one for money laundering, which appear to be aggravated as the investigator’s deposition.
The investigation officer averred that Zwane is part of a syndicate of the theft of travelling documents and passports from the immigration department at Home Affairs.
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Judge Mumcy further noted that it was clear that the police had been after Zwane for similar offences since 2019, which he has been fully aware of as he allegedly called a witness on March 2021 and inquired whether they had been called by the police and if they do, the witness must give false information.
He allegedly told some potential witnesses to change their cellphone numbers.
The Judge stated that another ground for granting bail to Zwane is from the background of the matter dating from 2019 in which he has not attempted to evade the court’s jurisdiction despite that he has been aware of the investigations against him.
“Then why would he suddenly run away? The likelihood is that he would not from the circumstances of this case, “said the Judge.
She further stated that Zwane faces mainly counts of fraud and no doubt the evidence does not depend so much on witnesses but on paper trails as averred by the investigator that the IT reveals that the suspect’s PIN was used to source all the stolen documents.
In short, without necessarily giving Zwane a licence to interfere with the Crown’s witnesses, his interference would serve no purpose and no prejudice shall be suffered by the Crown.
“From the above, I am inclined to grant the application bail. The applicant is ordered to deposit with the treasury department a sum of E100,000 in cash,” she ordered.
Zwane is expected to surrender all his travelling documents and passport to the investigation officer and not apply for a new one and report to the Manzini Police Station every Friday of each week between 8 am to 4 pm.
Further to appear in court whenever directed and not to commit a similar offence whilst out on bail.
Eswatini passports used by criminals, red-flagged by Interpol
As a result of being used to assist criminals who are fugitives of justice in seeking asylum in other countries, Eswatini passports have been red-flagged by the International Police Agency (INTERPOL).
This was disclosed officer investigating Home Affairs Assistant Immigration Officer and fraud suspect Mbongeni Nkosinathi Zwane, wherein the crown was opposing his bail application.
According to the officer, in one instance, a Zimbabwean national was intercepted in Ireland where he pretended to be seeking asylum, yet he was a fugitive running from double murder charges in his home country.
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“This will lead to Eswatini being sanctioned such that stiff requirements may be added when a person is travelling using a Swati passport.
This will in turn affect the country to an extent that potential investors will not want to invest in the country.
It also taints the image of goodwill of Eswatini at the international level,” said the officer.
Judge Mumcy Dlamini said owing to the gravity of illegally obtained passports used by fugitives to secure asylums.
more particularly that Eswatini is under a red flag from INTERPOL on the use of passports by criminals from other countries, strict bail conditions are warranted.
Hence the E100,000 cash bail was granted to Zwane.
