During arguments in the Tembisa magistrate’s on Friday, Nangy’s lawyer, Calvin Maile, argued that it was not Nangy’s duty to ensure that the more than 30 stamps contained in his passport correlated with information contained in the department of home affairs’ movement control system and Mozambique’s national immigration service.
“The state is arguing that it does not know how the applicant (Nangy) was traveling between South Africa and Mozambique and bases this on one of two explanations - the first being he deliberately failed to show his passport (at border posts) when he traveled between the two countries. This is despite the fact that one has to hand over their passport to customs officials when they are leaving or entering the country.
“The applicant can have his passport stamped but its not his duty to have it scanned,” argued Maile.
“The second explanation, according to the state, is that all these stamps could have been inserted in his passport after his arrest, which would not make sense because his passport was handed over to the police after he was arrested. But there is no evidence to suggest that they were fraudulent.”
He further argued that the investigating officer in the matter could have obtained CCTV footage from the border posts on the days that Nangy traveled between the two countries to verify that the stamps were fraudulent.
However, the state argued that it was Nangy’s responsibility to prove to the court that it was in the interest of justice for him to be granted bail.
“There were more than 30 stamps contained in the applicant’s passport but none of them correspond with information contained in the database of both countries. It can’t be that both countries have a problem with capturing the movement of the applicant,” retorted the prosecutor.
“Either the applicant moved between the two countries secretly or the stamps were inserted into his passport after the fact.”
The prosecutor argued that Nangy’s passport was handed over to the investigating officer nine days after he was arrested and that the stamps could have been inserted into his passport between the day of his arrest and the day his bail application commenced.
“The applicant, bearing the onus to prove to court why it is in the interest of justice to grant him bail, needs to explain why these discrepancies exist. He puts the entire blame on the state and the state has shown the discrepancies contained in his passport to the court. He then blames the customs officials but his movements were not captured in the system,” said the prosecutor.
Earlier in Nangy’s bail hearing, Sgt Kabelo Seanego, who is affiliated with the SAPS and Interpol, revealed there were discrepancies in his Mozambican passport. He said the discrepancies pertained to Nangy’s movements between Mozambique and South Africa. While there appear to be numerous stamps in his passport purporting to document his travels between Mozambique and South Africa, they do not correspond with the migration movement as captured on the database in both the countries.
He explained that, according to the national immigration service in Mozambique, Nangy’s last captured movement was a departure through the Ressano Garcia border post on November 26 2021.
“There are no further movements of the applicant on the database. However, on perusal of the passport, there appear to be various stamps for various dates after November 26 2021 up to and including January 4 2023.”
Seanego said there were similar discrepancies in Nangy’s passport that were discovered through the department of home affairs’ movement control system in respect of his cross-border movement.
“This was at the Lebombo border. His passport contained more than 30 Lebombo border entry and departure stamps but only one movement was captured on December 2 2022. The system presently indicates that Nangy is not within the borders of South Africa.” The matter was postponed for March 2 when judgment on Nangy’s bail application is expected to be handed down.
Alleged kidnap kingpin challenged to explain passport discrepancies
Image: Supplied
Alleged Mozambican kidnapping kingpin Esmael Nangy should have proved to the court that the discrepancies regarding stamps in his passport were indeed the fault of custom officials and not a result of him attempting to commit fraud while moving between South Africa and his country of birth.
Nangy is wanted by Mozambican authorities for kidnapping for ransom cases in that country. Its authorities have requested his extradition so he can stand trial in Mozambique. He is also wanted in connection with kidnapping for ransoms in South Africa.
Alleged Mozambican kidnapping kingpin says he is not 'living in SA illegally'
During arguments in the Tembisa magistrate’s on Friday, Nangy’s lawyer, Calvin Maile, argued that it was not Nangy’s duty to ensure that the more than 30 stamps contained in his passport correlated with information contained in the department of home affairs’ movement control system and Mozambique’s national immigration service.
“The state is arguing that it does not know how the applicant (Nangy) was traveling between South Africa and Mozambique and bases this on one of two explanations - the first being he deliberately failed to show his passport (at border posts) when he traveled between the two countries. This is despite the fact that one has to hand over their passport to customs officials when they are leaving or entering the country.
“The applicant can have his passport stamped but its not his duty to have it scanned,” argued Maile.
“The second explanation, according to the state, is that all these stamps could have been inserted in his passport after his arrest, which would not make sense because his passport was handed over to the police after he was arrested. But there is no evidence to suggest that they were fraudulent.”
He further argued that the investigating officer in the matter could have obtained CCTV footage from the border posts on the days that Nangy traveled between the two countries to verify that the stamps were fraudulent.
However, the state argued that it was Nangy’s responsibility to prove to the court that it was in the interest of justice for him to be granted bail.
“There were more than 30 stamps contained in the applicant’s passport but none of them correspond with information contained in the database of both countries. It can’t be that both countries have a problem with capturing the movement of the applicant,” retorted the prosecutor.
“Either the applicant moved between the two countries secretly or the stamps were inserted into his passport after the fact.”
The prosecutor argued that Nangy’s passport was handed over to the investigating officer nine days after he was arrested and that the stamps could have been inserted into his passport between the day of his arrest and the day his bail application commenced.
“The applicant, bearing the onus to prove to court why it is in the interest of justice to grant him bail, needs to explain why these discrepancies exist. He puts the entire blame on the state and the state has shown the discrepancies contained in his passport to the court. He then blames the customs officials but his movements were not captured in the system,” said the prosecutor.
Earlier in Nangy’s bail hearing, Sgt Kabelo Seanego, who is affiliated with the SAPS and Interpol, revealed there were discrepancies in his Mozambican passport. He said the discrepancies pertained to Nangy’s movements between Mozambique and South Africa. While there appear to be numerous stamps in his passport purporting to document his travels between Mozambique and South Africa, they do not correspond with the migration movement as captured on the database in both the countries.
He explained that, according to the national immigration service in Mozambique, Nangy’s last captured movement was a departure through the Ressano Garcia border post on November 26 2021.
“There are no further movements of the applicant on the database. However, on perusal of the passport, there appear to be various stamps for various dates after November 26 2021 up to and including January 4 2023.”
Seanego said there were similar discrepancies in Nangy’s passport that were discovered through the department of home affairs’ movement control system in respect of his cross-border movement.
“This was at the Lebombo border. His passport contained more than 30 Lebombo border entry and departure stamps but only one movement was captured on December 2 2022. The system presently indicates that Nangy is not within the borders of South Africa.” The matter was postponed for March 2 when judgment on Nangy’s bail application is expected to be handed down.
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