2 TSWANA MEN ARRESTED FOR FAILING TO DECLARE E91 000

MBABANE - Two men from Botswana failed to beat the intelligence of the police when they allegedly entered with undeclared money amounting to E91 000 at Oshoek Border Gate.

Batsalelwang Kealeboga Boy Boy (31) and Matlhaku Rorisang Meomedi were arrested on the Eswatini side of the border gate. Worth noting is that the standard procedure is that every person entering Eswatini with money above E15 000 has to declare it to the customs officials. Failure to declare the money is deemed as contravening Section 41 (1) (a) as read with subsection 2 of the Money Laundering and Financing of Terrorism Act of 2011. Information gathered was to the effect that the duo was caught after a sniffer dog used by the police kept barking at the vehicle the duo was traveling in. It is said that the sniffer dog did this after the police had conducted a thorough search of the vehicle. The money was confiscated by the police together with a cellphone and the duo was taken to the Mbabane Police Station. Appearing before Acting Mbabane Senior Magistrate Sifiso Vilakati, also charged with contravening Section 41 (1) (a) as read with subsection 2 of the Money Laundering and Financing of a Terrorism Act of 2011, the Crown applied that they be remanded in custody until, June 19, 2023 pending setting of a trial date.

Detention

The Crown also applied for the detention of the money and the cellphone found in the duo’s possession upon arrest. Their lawyer, Sabelo ‘Chicken’ Dlamini, had no objection to the detention of the money. Dlamini submitted that there was no way he could stop the detention of the money since it was procedural. He then applied that his clients be released on their own recognisance. Dlamini stated that if detained, the amount of money was enough to induce the duo to return to court for trial. “We humbly apply that the Crown will suffer no prejudice by the release of my clients in their own recognisance,” he submitted. Dlamini offered E500 for bail should the Crown insist in the payment of bail. The lawyer implored the court to consider the fact that his clients were left with no cent after the money was detained by the police. He stated that his clients had to scout for the E500 if granted bail at that amount.

However, the Crown objected to the release of the duo in their own recognisance. The Crown submitted that even though the money was detained, it will be in the interest of justice to order for the payment of bail that would compel the accused to return to court for trial. It was the Crown’s submission that even though the money was detained, the wealth of the accused was unknown since they came from a foreign country. Dlamini interjected, stating that the position of the law was clear that all people should be treated the same, irrespective of their country of origin if not facing additional counts. He stated that his clients entered the country through legal means, meaning they did not contravene the Immigration Act.

Released

Acting Mbabane Senior Magistrate Sifiso Vilakati released the duo in their own recognisance. Vilakati stated that the detained E91 000 was enough to induce the accused persons to return to court. Vilakati stated that the Crown would suffer no prejudice if the duo was released in their own recognisance. The duo was warned against committing a similar offence. They were warned to attend all remands and hearings whenever ordered to do so.  They were remanded out of custody until June 19, 2023 pending setting of their trial date.

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