More days in jail for Pakistani national awaiting deportation
THE Pakistani national who is refusing to go back home despite a deportation order, will spend more days in jail as the matter was once again postponed on Wednesday.
This was after the High Court Judge was informed that there were new developments in the matter, hence the postponement to Monday.
Although the new developments were not stated, Naeem Mohamed was expected to be released to the custody of Principal Secretary in the Ministry of Labour Thulani Mkhaliphi last week, but the matter was postponed to Wednesday, as more information was being gathered by the Home Affairs Ministry.
Officials from the ministry together with lawyers from the attorney general’s office were present in court before Judge Sipho Nkosi informed Mohamed that the matter is postponed.
Mohamed was later seen being escorted out of Court D by officials from His Majesty’s Correctional Services (HMCS) who are expected to produce him before court on Monday.
Judge Nkosi had assured Mohamed that his matter would be finalised and also told Mkhaliphi during the last appearance that for now he would not release Naeem to him (Mkhaliphi) custody pending the investigations by the home affairs.
The court was informed that Mkhaliphi is a business associate to the Pakistani national.
This comes after Naeem was convicted and sentenced to five months in prison with a fine option of E500 for being in the kingdom illegally. A deportation order was also issued by the Manzini Magistrate’s Court.
According to the charge sheet, Naeem was charged for contravening the Immigration Act in that he remained in the country without the relevant permit. However, Naeem, who is currently under the HMCS’s custody, has filed an application at the High Court as he screams diplomatic inequality.
He is against being detained by the HMCS and claims he is being treated unfairly due to his religion, whilst denying that he is a prohibited immigrant.
Crown Counsel Sizwe Matsebula in his submissions submitted before Judge Nkosi, that Mohamed would not have been kept by HMCS had he not refused to be deported back to his home country as per the court order.
Matsebula stated that according to the immigration laws, a person who has been declared a prohibited immigrant shall be kept in custody pending his deportation.
Matsebula also told the court that the applicant refused to be deported, hence he is currently kept in custody as immediately after paying the fine for being in the country illegally, he should have been sent back home but he refused.
POSTPONED MATTER: Judge Sipho Nkosi.