MBABANE – “The charges are an insult to the systems that have been put in place by the relevant departments to combat various forms of corruption.”

This and other submissions were made by the woman who is alleged to have used Inkhosikati LaFogiyane’s name when she purportedly committed acts of fraud. The acts of fraud include obtaining a job for herself as an assistant immigration officer in the Ministry of Home Affairs, acquiring a government house allocation for her husband, who is employed in the Deputy Prime Minister’s Office, and obtaining an international passport.

Thobile Motsa (39) of Ndzingeni is facing three charges of fraud. Yesterday, she moved an urgent bail application at the High Court. She told the court that she did not believe that the various ministries and departments could be hoodwinked by such misrepresentation.

Directives

“I do not believe that the ministries of Public Service and Home Affairs and the Civil Service Commission can be duped into believing that one of their royal highnesses, emakhosikati, would issue such directives. I know that the Government of Eswatini has the necessary systems to safeguard all procedures relating to the allocation of houses, issuing of passports and recruitment. It would be absurd that all the ministries and the commission would act on the instruction of one of their Royal Highnesses in their execution of duties,” she argued.

In the charge sheet, it is alleged that on April 12, 2024, with intent to defraud, Motsa misrepresented to the Civil Service Commission (CSC) that the inkhosikati had directed that she should be employed as an assistant immigration officer in the Ministry of Home Affairs. According to the charge sheet, when Motsa made the misrepresentation, she well knew that there was no such instruction from the inkhosikati.

 Using the name of the inkhosikati again, Motsa is alleged to have misrepresented to the Ministry of Public Service that the inkhosikati had directed that a certain Sikhumbuzo Rudolph Sukati, a Deputy Prime Minister’s Office employee should be allocated a house at Mbangweni. She is alleged to have committed this offence on January 31, 2024. On March 10, 2024, the accused is alleged to have misrepresented to the Ministry of Home Affairs, Immigration Department, that the inkhosikati had directed that she (accused) should be furnished with an international passport.

As per the charge sheet, when Motsa allegedly committed this offence, she well knew that there was no such instruction from the inkhosikati and that she was not entitled to the intentional passport. In her bail application, Motsa claimed that she had applied for an international passport before she obtained employment at the Immigration Department.  

The accused submitted that she had intended to look for employment in Asia. She averred that since she had been employed by the Government of Eswatini, she did not continue looking for employment outside of the country.
“It is alleged that I attempted to defraud the Government of Eswatini. I did not; I made the necessary applications for the issue of the passport and employment. I should not be facing any criminal charges because all the relevant documents are in the possession of the relevant authorities,” she argued.

It was further her contention that the director of public prosecution did not have a strong case against her. She submitted that it was common cause that the house was allocated to her husband, the international passport issued to her and that she was employed as an assistant immigration officer.

Documents

“All these cannot be done without relevant documents being filed. I state that these documents were filed. My husband qualified to obtain the house. He is an employee of the government and thus entitled to a house. Similarly, with the international passport, I presented the necessary documents, which were considered and found to be in order,” he argued. Motsa said there was no way the Ministry of Home Affairs could have issued an international passport to an undeserving person. This, according to Motsa, had grave implications.

“This also applies to my employment as an assistant immigration officer. I submitted the relevant documents, including my academic certificates I presume that these were considered and found to be fit for the position. The bail application will be heard today and the prosecution is yet to file its papers indicating if it is opposing same or not.
The accused is represented by lawyers from Mtshali Ngcamphalala Attorneys in Mbabane.