4 ARRESTED FOR STUDY PERMITS FRAUD

MBABANE - Busted! The Royal Eswatini Police Service has arrested four people who are suspected to have been the architects of fraudulent South African study permits.

One of the accused was arrested at the Ngwenya Border Gate on Tuesday where the syndicate reportedly conducted its alleged illegal business. The other accused persons were rounded up by the law enforcers at their different places of abode.

The four are Nonhlanhla Joyce Msweli (58) of Siphocosini, Busisiwe Dlamini (39) of Sandla, Machawe Masina (37) of Gelekeceni and Bongani Mabuza (38) of Waterford. They made their first appearance before acting Magistrate Temantimandze Shongwe at the Mbabane Magistrates Court yesterday, charged with six counts of forgery.

Defraud

In the first count, it’s alleged that the accused acted in furtherance of a common purpose in that they wrongfully, unlawfully, falsely and with intent to defraud and to the prejudice of the South African High Commission, forged an instrument in writing, to wit, a study permit Control no:A06202062.

According to the charge sheet, the quartet purported that the study permit was made by the South African Ministry of Home Affairs and issued at the high commission in Mbabane on January 2, 2019. The recipient of the forged study permit in this charge was one *Sifiso whose passport no is: 40706601.  Sifiso was expected to take up studies at Sisukumile Secondary School in the Republic of South Africa.

Pupils

The quartet is alleged to have applied the same modus operandi with intent to obtain study permits on behalf of five other pupils who were expected to take up studies at the same school.

 Five of the study permits were purportedly issued by the South African High Commission on January 2, 2019 while the sixth study permit was purportedly issued on January 30, 2019.

Msweli and Masina are represented by Banele Ngcamphalala while Dlamini and Mabuza elected to conduct their own defence.
Ngcamphalala applied that his client be released on bail. He submitted that they had undertaken to abide by all conditions attached to their bail. He stated that his clients were rooted in Eswatini and that there was no way they could evade trial.

He implored the court to consider that there was no element of violence in the offences which were allegedly committed by his clients. He stated that an offence of that nature required that accuse persons be released in their own recognisance. However, Ngcamphalala submitted that his clients offered E1 000 each for bail. “The court should consider the principle of law which says an accused person is presumed innocent until found guilty by a competent court of law,” he said.

Senior Crown Counsel Chris Sibandze did not object the application made by Ngcamphalala; however, he submitted that the State would by no means release the four in their own recognisance.

Magistrate Shongwe granted the four bail fixed at E1 000 each on condition that they did not interfere with the Crown witnesses while out on bail. They were warned to attend all remand hearings when ordered to do so. They were remanded until February 7, 2020 pending setting of trial date.

The forging of the South African study permits happened at a time when emaSwati struggled to obtain them at the South African High Commission. The situation compelled some people to spend nights in the cold in order to beat the long queues at the high commission.

Meanwhile, recently, the South African High Commission issued over 130 study visas and also invited all emaSwati aspiring students who have been accepted in SA tertiary institutions to apply for study visas. This was communicated through a press statement issued by the commission.

Prospective

“Since the beginning of the year 2020, the South African High Commission received study permit applications from prospective emaSwati nationals aspiring to study in SA. The applications received were processed with Section 13 (1) of the Immigration Act,” reads part of the statement. It was further highlighted that the Immigration Act stated that a study visa may be issued in a prescribed manner to any foreign national intending to study in SA for a period longer than three months.

The statement articulated that all international students who were provisionally accepted at the institution of learning for a period exceeding three months may apply for visas at the commission. It was stated that this practice was in line with the Immigration Act.

In addition, there were requirements which students were expected to comply with. These involved an application for temporary residence and an official letter confirming provisional acceptance or acceptance at that learning institution.

The high commission further emphasised that the normal processing period for study visas was eight weeks. However, it was said through the prioritisation of the students’ future, visas had been issued within the space of one to two weeks. In this regard, it was mentioned that from January 3 to 15, 2020, 131 study permits were successfully issued to emaSwati who qualified to study in SA. The study visa fee was said to be E425 and could only be paid once the application was submitted and bar code reference was issued to the applicant. 

In addition, it was noted that a study visa issued in terms of the Immigration Act shall automatically lapse if the holder thereof failed to register with or deregistered from the learning institution at any time during the period for which his or her visa had been issued or if any of the undertakings referred to in sub-regulation (1) (b) were not met.

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