Magistrate orders continued detention of 40 Chinese nationals

Manzini Principal Magistrate David Khumalo has ordered the continued detention of 40 Chinese nationals facing immigration-related charges.

The accused were remanded into custody until August 4, despite their lawyer’s contention that their re-arrest and detention are unlawful.

The Chinese nationals appeared yesterday before the Manzini Magistrate’s Court, where the Crown applied that they be remanded into custody pending the setting of a trial date.

The Crown informed the court that the accused had previously been arrested and subsequently released. However, they allegedly could not return to China after discovering that their passports had been revoked.

The prosecutor further stated that negotiations were under way between the governments of Eswatini and China regarding the repatriation of the accused.

He submitted that the court had no control over the ongoing discussions and arrangements.

“The court will be informed about the progress of the processes at the subsequent appearances,” the prosecutor submitted.

The application for remand was strongly opposed by the defence, which argued that the accused had been unlawfully arrested.

Their lawyer submitted that the foreign nationals had been arrested and charged after they had previously been released and given an opportunity to make arrangements to travel back to their home country.

“They were arrested while still making those arrangements. I submit that their detention is unlawful,” the lawyer argued.

The defence further informed the court that an application had already been filed before the High Court, seeking to have the re-arrests declared invalid and set aside.

In his ruling, Magistrate Khumalo said the court had taken note that the accused were facing charges under the country’s immigration laws and that it was legally mandated to remand them in custody pending the setting of their trial dates.

He further stated that the charges against the accused remained valid until such time as they were declared invalid by the High Court.

Magistrate Khumalo subsequently ordered that the 40 accused remain in custody until August 4, when they are expected to return to court for the setting of their trial dates.

Meanwhile, Sinethemba Zwane was sworn in to provide Mandarin-English interpretation throughout the proceedings.

The 40 Chinese nationals are each facing a charge of contravening Section 14(2)(c) of the Immigration Act No. 17 of 1982. They are accused of entering and remaining in Eswatini without valid permits or licences authorising them to do so.

The latest court appearance comes amid an urgent application filed before the High Court by 25 of the Chinese nationals, led by Li Hai.

In the application, they are seeking an order declaring their re-arrest unconstitutional and directing their immediate release.

They are also seeking a rule nisi compelling the National Commissioner of Police to appear before the High Court and show cause why he should not be committed to prison for alleged contempt of court.