MBABANE – The dozens of foreign nationals arrested in connection with illegal online gambling could face up to 10 years in prison if convicted.
The accused persons are from countries including China, the Philippines, Malaysia, Brazil and Cambodia.
According to the charge sheet presented in court during their appearance, the accused persons are alleged to have contravened the Money Laundering and Financing of Terrorism (Prevention) Act, 2011, which carries the heaviest penalties among the offences they face.
Under Section 89 of the Money Laundering and Financing of Terrorism (Prevention) Act, 2011, a person convicted of money laundering is liable, in the case of an individual, to imprisonment for a period of up to 10 years or to a fine of not less than E100 000, or both.
The law further provides for the imposition of a pecuniary penalty equivalent to the value of the benefit derived from the unlawful activity.
The allegations stem from investigations suggesting that the accused persons were involved in financial transactions linked to proceeds of suspected illegal activities, including the movement of funds across borders.
Police investigations have indicated that a substantial portion of the money generated from the alleged operations was deposited into foreign bank accounts, raising concerns about the scale and sophistication of the syndicate.
In addition to the money laundering charges, the accused persons are also alleged to have contravened the Gaming Control Act, 2022, which regulates all forms of gambling within the country.
According to the charge sheet, the accused persons are alleged to have violated Section 3(1)(a) of the Act, which states that a person shall not engage in any gaming on any event or contingency other than with a holder of a licence who is permitted under a licence to engage in such gaming.
The law further provides under Section 3(3) that a person who contravenes this provision commits an offence and is liable, upon conviction, to a fine not exceeding E25 000 or imprisonment for a period not exceeding five years, or both.
This effectively means that, in addition to the penalties under the money laundering legislation, the accused persons face further legal exposure under the country’s gambling laws.
Beyond imprisonment or fines, the Gaming Control Act, 2022, empowers the court to order the forfeiture of any equipment, money or instruments used in the commission of the offence. This includes computers, mobile devices and communication tools allegedly used to facilitate the suspected illegal operations.
Such provisions are particularly significant in cases involving organised syndicates, as they are aimed at dismantling the operational capacity of criminal networks by stripping them of the tools used to conduct their activities.
The accused persons are also facing charges under the Immigration Act, with investigations suggesting that they may have entered or remained in the country without valid documentation. Under Section 29 of the Immigration Act, a person who enters or remains in Eswatini without valid documentation commits an offence. Section 30 of the Act further provides that a person convicted of such an offence is liable to a fine or imprisonment for a period not exceeding five years, or both.
What has further heightened the seriousness of the case is the revelation that the Royal Eswatini Police Service (REPS) is now working closely with international law enforcement agencies, including Interpol and the Federal Bureau of Investigation, as they seek to unravel the full extent of the syndicate’s activities.
Police have indicated that the suspects may be linked to broader transnational criminal networks, with possible connections to operations in other jurisdictions.
The involvement of international agencies points to the likelihood that the matter extends beyond Eswatini’s borders and forms part of a wider web of organised cyber-enabled crime.
The suspects were apprehended during a series of coordinated operations by the Royal Eswatini Police Service (REPS), which uncovered what police believe to be a well-organised international network operating from within the country.
The arrests were effected at various locations, where lodges, rented flats and guest houses had allegedly been converted into operational hubs.
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