Johnathan Paoli
The National Prosecuting Authority (NPA) has decided to preliminary charge the Libyan nationals found at a secret military camp in Mpumalanga, with misrepresentation in applying for visas.
NPA Mpumalanga Spokesperson Monica Nyuswa, speaking outside the White River Magistrates Court on Monday, said the prosecution has received the docket from the South African Police Service (SAPS) and decided to prosecute all 95 Libyan nationals.
Nyuswa said the case will be added to the criminal court roll, effectively meaning the suspects will not be deported.
“They will be prosecuted on a charge of misrepresentation in their application for visas. That’s the only charge they are facing at this stage,” Nyuswa said.
She said the matter is expected to be postponed in order to allow for further investigations and for a decision to be made whether additional charges will be brought against the Libians.
Speaking ahead of the court appearance, Mpumalanga police spokesperson Donald Mdluli said that certain challenges were presented with this particular case, namely the suspects’ inability to speak English, thus requiring a translator in court.
In addition, the magistrate’s court is structurally unable to accommodate all the suspects simultaneously, 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,” Mdluli said and added that the suspects had to be detained at various police stations in order to prevent overcrowding.
Mdluli said additional charges were possible, following the discovery of marijuana and cocaine at the location, albeit not on any individual.
The Libyan nationals arrested on Friday appeared in the White River Magistrates court on Monday morning.
This follows a multi-disciplinary operation on a secluded farm in White River, that was registered as a facility for the training of security guards under the name Milites Dei Security Services (MDSS).
Police Minister Senzo Mchunu over the weekend denied claims of the police’s delayed response to the matter and said investigations were initiated the moment authorities became aware of the operations at the farm.
Mchunu justified the lengthy investigations saying it was due to the complex nature of the crime.
“An investigation of this nature can take a year, it can take four months, it can take whatever period necessitated by the need to come to the facts before you act and that’s exactly what happened here,” the minister said.
The Home Affairs Department confirmed the cancellation of the Libian’s visas, with departmental spokesperson Siya Qoza saying the cancellation meant all the affected people are now considered undocumented foreign nationals.
“Home Affairs has already cancelled the irregularly acquired visas and is working with other law enforcement authorities to look at all options, including deportation,” Qoza said.
The Independent Policing Union of South Africa (IPUSA) called for desperate reforms within the policing sector, and said things needed to change as South Africa is battling rampant crime.
IPUSA president Bethuel Nkuna said the continuing failure of the country’s law enforcement agencies to prevent a blatant disregard of the law needed urgently to be stopped.
“These are repetitive trends: if we can remember the July 2021 unrest, the July 2022 mass shooting of people at their places of entertainment, and also the July 2023 torching of trucks,” Nkuna said.
Meanwhile, Police Portfolio Committee Chair Ian Cameron said questions needed to be asked regarding the role played by the national security services in its failure to pick up on the illegal entry of 95 people who have been receiving military training.
He said the State Security Agency would have to answer questions to the Intelligence Committee.
“From our side, we’ll be asking police intelligence, from a local level and provincial level, in order to find out what went wrong,” Cameron said.
However, Institute for Security Studies (ISS) senior researcher Willem Els, said considering the nature of training offered by the MDSS, there was a blurred line between “military” and “security”.
Els said it remained important to take into account, South Africa had several such institutions operating legally in the country.
“South Africa has a lot of expertise, with training involvement in such countries as Afghanistan and Libya. We should not be too harsh on the MDSS, because there are a few kinds of such camps I have seen in ThabaZimbi and Graaff-Reinet,” he said.
Els said that under the Private Security Industry Regulatory Authority (PSIRA) accreditation, security personnel were trained in what could be considered a “military-style approach”.
He cautioned against making a declaration at face value and said the police are required to gather further intelligence.
“A thorough investigation to produce evidence is crucial in proving prima facie evidence against the training company and determining whether the Libyans lied to the department of home affairs,” Els said.
He raised his concerns in light of potential legal actions against the police.
“The South African Police Service is currently paying lawsuits totaling R2.6 billion – a matter of great concern,” the researcher said.
The Libyan nationals arrested were found in possession of firearms, military equipment, drugs and visas, acquired through misrepresentation in Tunisia, it is alleged.
The site was reportedly a private property intended for use as a training facility for security guards, and containing both a gym and a shooting range.
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