More days in jail for Pak­istani na­tional await­ing de­por­ta­tion

Swazi Observer - - NATIONAL NEWS - By Sandile Nkam­bule

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.

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