A Pakistani national, Ijaz Azan, aged 23, appeared before Magistrate Thulani Dlamini at the Siteki Magistrates Court, facing two immigration offences. According to the charge sheet, Azan contravened Section 14 (1) (d) of the Immigration Act No. 17 of 1982, by allegedly possessing a forged entry permit. The second count concerned entering and remaining in Eswatini without a valid permit.
The court heard that on September 18, 2026, at King Mswati III International Airport (KMIII), Azan was found in possession of a forged entry permit numbered T4134/2026. Azan pleaded guilty to both counts, and 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 submitted that Azan had informed the police that he had no knowledge that the document was not genuine. Azan had come to Eswatini solely interested in advancing his business interests.
The court heard that Azan had already spent three days in custody following his arrest. His lawyer 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 defence 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, and that he was 23 years old and still in his youthful years.
In passing sentence, Magistrate Dlamini said he would ordinarily have considered a custodial sentence but noted the submissions made in mitigation. The magistrate took into consideration that Azan had already spent three days in custody. 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. Magistrate Dlamini further stated that the issue of deportation was outside the jurisdiction of the court. Azan’s 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.
Key points
- Azan was fined E1 300 for possessing a forged entry permit and entering Eswatini without a valid permit.
- The court took into consideration Azan's guilty plea, remorse, and the fact that he had already spent three days in custody.
- The issue of deportation was outside the jurisdiction of the court.
