MANZINI – The Manzini Magistrates Court yesterday indicated that it was not in a position to determine the release of 25 Chinese nationals after the Crown appealed the High Court judgment ordering their release.
The Principal Magistrate David Khumalo said the High Court judgment had not been presented before the court on time for it to familiarise itself with its contents before making a determination on the release of the 25 Chinese nationals.
The development came after lawyer Linda Dlamini, representing the applicants, submitted that the High Court had already ordered the release of his clients and that the order had to be complied with forthwith.
Dlamini argued that the judgment clearly provided reasons for the release of the applicants and that there was, therefore, no basis for them to remain in custody.
However, the Crown informed the court that it had appealed the judgment which ordered the release of the 25 Chinese nationals.
This created a situation where the magistrates court had to establish the status of the High Court judgment and the appeal before it could determine whether the applicants should be released.
Khumalo said the court was not aware of the appeal and had also not been properly furnished with the High Court judgment.
The principal magistrate further pointed out that the present director of public prosecutions (DPP) was not the person who had previously been handling the matter.
He said this made it necessary for the court to have all the relevant documents before it in order to properly understand the circumstances surrounding the matter and the submissions made by both parties.
The court consequently ordered both parties to present all the documents required to substantiate their submissions when they return to court tomorrow.
The matter was, therefore, postponed to Thursday, when the 25 Chinese nationals will return to court and both parties are expected to present all the necessary documents.
The latest development follows a judgment delivered by High Court Judge Zonke Magagula in the matter of Li Hai and 24 Others v National Commissioner of Police and Three Others, Case No. 1571/26.
The High Court had ordered the immediate release of the 25 foreign nationals, predominantly Chinese, after finding that their re-arrest and detention over immigration offences violated their constitutional protection against double jeopardy.
The applicants had previously pleaded guilty to contravening Section 14(2)(c) and (f) of the Immigration Act of 1982.
They were each fined E500, with a six-month imprisonment alternative, and paid the fines.
Following their conviction and payment of the fines, the applicants offered to voluntarily leave Eswatini at their own expense.
The High Court subsequently ordered that the applicants be released, given access to their travel documents and allowed 48 hours to arrange their departure from the country.
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