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IMMIGRATION OFFICER ARRESTED FOR STAMPING PASSPORTS WITHOUT OWNERS

By Starsky Mkhonta | 2024-11-17

An immigration officer based at the Lavumisa Border Post has been arrested for stamping four passports without the owners around.

Andile Xoliswa Dlamini (26) was arrested by Lavumisa Police for a crime she committed on November 3. Appearing at the Nhlangano Magistrate Court yesterday before Magistrate Thulani Dlamini where the Crown was represented by Ronnie Maziya, she covered her face in an effort to avoid having her pictures taken.

She was charged with contravening Section 14 (1) (i) of The Immigration Act 17 /1982 in that she unlawfully and corruptly or improperly gave entry permits by stamping four (4) travel documents without the presence of their owner/s, thus contravening the said act.

When called into the accused box, Dlamini pleaded guilty to the offence and was found guilty as charged. . In mitigation of sentence, Dlamini said on the day in question she was at work when she was approached and was tempted.

“I was tempted to commit the offence. I thought I was purely assisting my fellow Emaswati who are in South Africa,” said Dlamini.

She further asked the court to consider that she was a bread winner and also a single parent.
“I am a government employee and employed as an immigration officer based at Lavumisa Border post. I fear that I might lose my job as a result of my action.

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May the court also take into consideration that I am a first offender and I pleaded guilty and I never wasted the court’s time,” she said in mitigation.

Magistrate Dlamini before handing down the sentence commented that the accused was so lucky that she had been charged under an outdated law under the Immigration Act annexed in 1982.

“Count yourself lucky the sentence that the court is to impose comes with an affordable fine as you have been charged with a law dating back to 1982. In today’s monetary exchange, you find it not an issue to pay E1 000 fine compared to what it was way back in 1982.

In 1982, the maximum fine of E1 000, one would have to break the bank to get that amount of money,” said Magistrate Dlamini before announcing that the accused

She was sentenced to pay a fine of E1000 or in default to do time in prison for three months. Dlamini who remained calmed in the accused box seemed relieved after learning of the sentence. She gained her freedom after paying the fine.

Stamping of passports without owners presents rife at posts

Stamping passports without owners close is prevalent at the country’s borders.
According to sources this has become a norm to avoid being banned in South Africa for overstaying in that country.

“It has been happening for a long time. Others use kombi drivers operating the cross border routes. Some are those who work in SA and if they overstay, they have to make arrangement where they give the passports to be stamped and the date backdated.

This has been happening for a long time and to have the deal going through, there should be a cut for the immigration officer on this side and also his counterpart in SA,” said the source.To overstay in SA for one day, it’s alleged that you face a ban of one year not setting your foot in that country.

“For overstaying two days, you get banned for two years and for three days you are banned for three years and on and on depending how many days you overstayed.

If you happen to be found in that country when banned, you are locked up straight away with little chances of being admitted to bail or fine as you find that you are given a custodial sentence.

To avoid being banned, some of the people end up arranging to have their documents stamped and with dates backdated in absentia,” according to the source.

Ministry against stamping of
passports in absence of owners

The ministry of home affairs is not aware of the ‘deals’ where passports at the border gates are being stamped in the absence of owners.

Communications Officer, Mlandvo Dlamini, said there was no way a passport or travel document could be stamped without the owner in the vicinity.

He said if anything like that takes place, it was a serious offence.
His comment was sought after claims that stamping of passports at the border posts in the absence of the holders/owners was rife in the country.

“I am not aware of this and if it happens, then it’s criminal which is punishable and those doing it have to be dealt with. What we know which is part of the Immigration Act is that a passport is stamped in the presence of the owner.

“Even if it’s someone ill, the officer has to go to the vehicle or any mode of transport to stamp the passport in his presence. If indeed passports are stamped without owners present, this was against the law and we are condemning it in the strongest terms.

Now that we have been hinted of such a thing, as a ministry we are to do our investigations and should there be people involved, heads are to roll. We want any form of corruption rooted out completely in the ministry,” said Dlamini.

He also appealed to members of the public to report any corruption in the ministry involving any of its employees.

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