MBABANE – Following the sentencing of 84 foreign nationals, the Ministry of Home Affairs is pushing for tougher immigration laws, arguing that the current legislation is outdated and no longer fit for purpose.
The ministry’s stance is a reaction to the recent sentences of six months with an option of a fine of E500 per person, which were meted by Principal Magistrate Fikile Nhlabatsi last Friday on the foreigners who were arrested during raids at illegal online gambling centres.
The foreign nationals from countries such as China, Taiwan, Cambodia, Brazil, Malaysia and the Philippines, among others, were facing immigration-related charges. The kingpins, whose charges include money laundering, will be tried separately and they are not among their convicted co-accused.
They were accused of engaging in employment, occupation, trade, business and a profession without a valid permit authorising them to do so.
They were further accused of entering and remaining in the country without the requisite documentation.
However, the foreign nationals claimed they were undergoing training and were yet to resume their employment duties when they were arrested.
Principal Magistrate Nhlabatsi pointed out that, when sentencing the group, she was limited by the Immigration Act of 1982, such that even if she wanted to fine them more money, her hands were tied. Members of the public raised concerns about the sentence, labelling it a ‘tap on the back’.
The Ministry of Home Affairs has said the Immigration Act of 1982 failed to adequately address modern immigration challenges, resulting in penalties that appeared too lenient for offences involving large numbers of undocumented foreign nationals.
Responding to questions from the Times of Eswatini following the court ruling, Ministry of Home Affairs Communications Officer Mlandvo Dlamini said the ministry welcomed the decision and had already started preparing for the deportation of the convicted foreign nationals.
“The Ministry of Home Affairs welcomes the recent court decision concerning the case of 84 foreign nationals. We acknowledge the ruling and have promptly begun preparing the necessary documentation to facilitate their deportation in accordance with the law,” said Mlandvo.
The ministry’s remarks come after Principal Magistrate Nhlabatsi last Friday urged authorities to amend the Immigration Act, while sentencing the foreign nationals, saying the country’s laws need to keep pace with increasing global movement.
The 84 foreign nationals, who were arrested at Castle Hotel in Mbabane in March, were sentenced to six months’ imprisonment with an option of a E500 fine after pleading guilty of contravening the Immigration Act of 1982.
Mlandvo said while the ministry respected the court’s decision, the case had exposed weaknesses in the existing legislation.
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