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No deportation as NPA decides to prosecute 95 Libyans arrested in Mpumalanga
The large number of suspects and their inability to speak English were challenges for the NPA ahead of their court appearance.
95 Libyans were arrested on 26 July 2024 when police raided a suspected military camp in White River, Mpumalanga. Picture: Supplied/Saps
The National Prosecuting Authority (NPA) will prosecute the 95 Libyan nationals arrested at a farm in White River, Mpumalanga, as they make their first court appearance on Monday.
Last Friday, the suspects were apprehended during a joint raid at the farm, which is accredited as a security training facility but was allegedly used as an illegal military training camp.
Military training equipment, including licensed firearms, were discovered at the site.
According to Home Affairs Minister Leon Schreiber, the suspects entered South Africa with visas that were acquired through “misrepresentation” in Tunis, Tunisia.
The department has since revoked their irregularly acquired visas for contravening the Immigration Act.
NPA to prosecute Libyans
The NPA has confirmed that it received the docket from the South Africa Police Service (Saps) and it has been decided to prosecute all 95 Libyan nationals.
The case will be added to the criminal court roll, which means the suspects will not be deported.
“They will be prosecuted on a charge of misrepresentation in their applications for visas. That’s the only charge they are facing at this stage.
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“So, when they appear in court today, they will appear on that charge and the matter will be postponed for further investigations,” NPA Mpumalanga spokesperson, Monica Nyuswa told the media outside White River Magistrate’s Court on Monday.
Nyuswa further stated that investigations will determine whether more charges will be added.
Logistical, administrative challenges in court
Earlier, Mpumalanga police spokesperson Colonel Donald Mdluli spoke of the challenges ahead of the suspects’ first court appearance.
Mdluli told Newzroom Afrika that one of the challenges was the suspects’ inability to speak English, necessitating a translator in court.
Additionally, the White River Magistrate’s Court cannot accommodate the Libyans due to its limited size.
“We are working with officials from the Department of Home Affairs so all those logistical [and] administrative issues are being attended to.
READ MORE: ‘Non-compliant’ security guard training facility turned ‘Libyan military camp’ [VIDEO]
“So, we hope at the end of the day, because our wish is that they should appear. We are working with the National Prosecuting Authority [who] will give direction as to how it’s going to unfold,” he said outside the court on Monday.
The provincial police spokesperson stated that the suspects had to be detained at various police stations in White River and nearby areas to prevent overcrowding.
“We cannot house them in a place where they won’t have space, so arrangements had to be made.”
Drugs confiscated by police
Mdluli also did not rule out the possibility of additional charges after marijuana and cocaine were found at the farm.
He stated that an inquiry has been opened to determine whether the drugs, which have been sent to the police’s forensic science laboratory in Pretoria, belong to the Libyans.
“There was no individual that was found in possession, however, it was found at the facility… then we needed to confiscate it.
READ MORE: Home Affairs cancels visas of 95 Libyans arrested at suspected military camp in Mpumalanga
“So, an inquiry will allude, because remember with an inquiry just like any investigation, you cannot just effect an arrest,” the Mpumalanga police spokesperson explained.
Mdluli added: “We need to do things the way the law prescribes because we are avoiding civil claims as well, however, we believe that through the investigators we have with this inquiry; there will be a way forward.”
Police minister visits site
Meanwhile, the Saps is investigating whether the Milites Dei Security Services (MDSS) was being used for military training.
Police Minister Senzo Mchunu visited the facility over the weekend and confirmed that MDSS is legally recognised by the Private Security Industry Regulatory Authority (PSIRA).
Mchunu added that investigations were ongoing, and whether the owner will face charges will depend on the findings of the investigation.
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