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PAKISTANI NATIONAL FINALLY ADMITTED TO E100 000 BAIL

By Sandile Nkambule | 2018-07-22

He has been in custody since his arrest late last year, the Pakistani national who was arrested for allegedly forging khonta certificates has been finally released on bail as the Supreme Court on Friday ordered that he be admitted to bail fixed at E100 000.

However, Judge Phesheya Dlamini sitting with Judges Majahenkhaba Dlamini and Jacobus Annandale ordered that he pays E20 000 in cash and the rest of the E80 000 be in the form of a surety.

By noon on Friday, Hussein was a free man as a liberation warrant had already been issued after his countrymen had deposited the E20 000 at the Treasury Department.

Hussein was denied bail by the High Court as the Crown submitted that the charges he was facing were of a serious nature and that he was a flight risk.

He was represented by lawyer Ntobeko Piliso, who instructed Advocate Mduduzi Mabila in the matter at the Supreme Court.

According to the charge sheet which contains the following counts, on count one, Hussein is charged with the crime of fraud in that upon or about November 15, 2016, and at or near Mbabane, in the Hhohho Region, the said accused person did unlawfully and with intent thereby to defraud, misrepresent to the Swaziland Citizenship Board (Paul Mpostoli Shabangu) that two documents – ‘An Authority to issue Certificates No. 7 “kukhonta” dated 06/07/2006 and Certificate of “kukhonta” No 1037’ were authentic documents and did by means of the said misrepresentation induce the said Swaziland Citizenship Board to its prejudice and obtained a certificate of registration as a citizen of Swaziland. Whereas when the accused person made the aforesaid misrepresentation, well-knew that the said certificates were not authentic and thus did commit the crime of Fraud.

On count two, the accused is charged with the crime of UTTERING A FORGED DOCUMENT in that upon or about November 15, 2016, and at or near Mbabane, in the Hhohho Region, the said accused person did unlawfully and with intent thereby to defraud, and to the prejudice of Swaziland Citizenship Board offer, utter and put off forged documents, to wit, authority to issue Certificate of Kukhonta, and did thereby commit the said crime.

On count three, the accused is charged with the crime of CONTRAVENING SECTION 14 (2) (c) of THE IMMIGRATION ACT 17 of 1982: In that upon or about the 6th December 2017 and at or near Matsapha area in the Manzini Region, the said accused person, not being a Swazi Citizen did unlawfully enter and remain in the Kingdom of Swaziland without a valid entry permit or pass and did thereby contravene the said Act.

On the fourth count , Hussein is charged with the crime of CONTRAVENING SECTION 23 OF THE SWAZILAND CITIZENSHIP ACT OF 1992 in that upon or about November 15, 2016 and at or near Mbabane in the Hhohho Region the said Accused person did unlawfully make a false statement to the Swaziland Citizenship Board (Paul Shabangu) for the purpose of procuring Certificate of Registration as a Citizen of Swaziland and did thereby contravene the said Act. In its Opposing Affidavit the Crown through 5307 Detective Sergeant Akhona Sambulo Dludlu, stated that he is a Police Officer and the Principal Investigator of this case under the Counter Terrorism and Organized Crime Unit based at the Police Headquarters in Mbabane. (16) At paragraph 3 (3.2) he states that the Applicant is facing serious charges relating to the forgery of important documents, being the Authority to issue the Certificate of ‘kukhonta’ hich is signed by the Head of State and Certificate of ‘kukhonta’ which is signed by His Royal Highness Prince Phuhlaphi.

Detective Dludlu continued to state that investigations are not complete and that as at that stage of the investigations, they had uncovered five (5) fraudulent lists of the Authority to issue CertificateS of “Kukhonta” including that of the Applicant. (18) Detective Dludlu states further that from the five (5) fraudulent lists twenty-two (22) names, including that of the Applicant have been fraudulently inserted. (19) Detective Dludlu explains in his affidavit that the fraudulent insertion of names is done by taking genuine lists which were altered by the removal of names which were genuinely on the lists and replaced with names which were not supposed to be on the lists.

Detective Dludlu further stated that they have also uncovered fraudulent certificates of ‘kukhonta’ one of which bears the name of the Applicant.

Submitted

He states that the Certificates of ‘kukhonta’ bear a forged signature of His Royal Highness Prince Phuhlaphi.

Detective Dludlu stated further that the Applicant submitted these forged documents and also appeared personally before the Swaziland Citizenship Board and subsequently acquired Swazi Citizenship fraudulently on the basis of these forged documents. At paragraph 3.3, Detective Dludlu continues to state that Applicant is also facing charges of Contravening the Immigration Act and the Citizenship Act 10, respectively, which renders his Swazi citizenship to be questionable and consequently his stay in the country illegal as he does not have authority to stay in the country.

The court ordered that Hussein should give the investigating officer his cellphone number as he would be monitored 24/7.

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