Pakistani national fined E1 300 for forged permit

SITEKI – “I only realised the permit was invalid when I got to KMIII Airport,” says an accused Pakistani national.

The accused, Ijaz Azan (23) appeared before Magistrate Thulani Dlamini at the Siteki Magistrates Court yesterday, facing two immigration offences.

According to the charge sheet, Azan contravened Section 14 (1) (d) of the Immigration Act No. 17 of 1982. The first count related to the alleged possession of a forged entry permit, while the second concerned entering and remaining in Eswatini without a valid permit.

It was alleged that on or about September 18, 2026, at or near King Mswati III International Airport (KMIII), Azan was found in possession of a forged entry permit numbered T4134/2026.

The second count stated that Azan, who is not a liSwati citizen, unlawfully entered and remained in Eswatini without a valid permit, contravening Section 14 (2) (c) of the same Act.

When the charges were put to him in court, Azan pleaded guilty to both counts.

His defence counsel confirmed the pleas, while the Crown accepted them without leading evidence.

The court subsequently found Azan guilty as charged on both counts.

During mitigation, the defence told the court that Azan was an innocent party and had no knowledge that the document he possessed was unauthentic.

The defence further told the court that, following his arrest, Azan informed the police that he had no knowledge that the document was not genuine.

“He came to Eswatini solely interested in advancing his business interests,” the defence submitted.

The court heard that Azan had already spent three days in custody following his arrest.

His lawyer also submitted that he was a first offender and had been a victim of circumstances.

The defence asked the court to consider allowing Azan an opportunity to obtain the correct immigration documents, saying he was in a position to pay a fine.

The lawyer also asked the court to consider that Azan had pleaded guilty to both charges, had shown remorse and had not wasted the court’s time by forcing the Crown to lead evidence.

The court was further told that Azan had six dependants back home, who are his siblings.

His counsel also highlighted that Azan was 23 years old and still in his youthful years.

The defence further submitted that Azan had a valid travel document and asked the court to exercise leniency when imposing sentence.

The lawyer had also asked the court to consider a suspended sentence, with a condition that Azan should not commit a similar offence during the period of suspension.

In passing sentence, Magistrate Dlamini said he would ordinarily have considered a custodial sentence, but noted the submissions made in mitigation.

The magistrate said Azan had already spent three days in custody and that the court had to take this into consideration when sentencing him.

The court, however, noted that it could not legitimise Azan’s illegal entry or stay in Eswatini.

Magistrate Dlamini further stated that the issue of deportation was outside the jurisdiction of the court.

He said he did not want to involve himself in matters that did not fall within the court’s jurisdiction, as doing so could result in a gross irregularity.

Azan was consequently fined E800 or three months’ imprisonment on the first count and E500 or three months’ imprisonment on the second count.

The sentences were ordered to run concurrently.

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