THE STATE versus UKILIHO KAYISHEMA FULGENCE Case No: 16/300/2023 COUNT 1 CONTRAVENTION OF SECTION 37(a) OF THE REFUGEES ACT 130 OF 1998, READ WITH SECTION 1 OF THE SAID ACT. THAT the accused is guilty of the offence of contravening section 37(a) of the Refugees Act 130 of 1998. IN THAT upon or about 10" day of June 2004 and at or near Cape Town in the District of the City of Cape Town, the accused unlawfully and intentionally for the purpose of entering or remaining in the Republic committed a fraudulent act or made false representation by conduct, statement or otherwise by informing the department of Home Affairs in an application for formal recognition of Refugee Status in the Republic that he is a Burundian national by the name of Fulgence Dende-Minani, whereas in truth and in fact when the accused gave out and pretended as aforesaid he knew that in truth and in fact that his real name is Ukiliho Kayishema Fulgence and that he is a Rwandan national. PENALTY: Upon conviction liable to a fine or to imprisonment for a period not exceeding five years, or to both a fine and such imprisonment. COUNT 2 CONTRAVENTION OF SECTION 37(a) OF THE REFUGEES ACT 130 OF 1998, READ WITH SECTION 1 OF THE SAID ACT. THAT the accused is guilty of the offence of contravening section 37(a) of the Refugees Act 130 of 1998. IN THAT upon or about 10" day of June 2004 and at or near Cape Town in the District of the City of Cape Town, the accused unlawfully and intentionally for the purpose of entering or remaining in the Republic committed a fraudulent act or made false representation by conduct, statement or otherwise by not informing the department of Home Affairs in an application for formal recognition of Refugee Status in the Republic that he had committed a crime against peace, a war crime or a crime against humanity, as defined in any legal instrument dealing with such crimes which would have had disqualified him from oblaining refugee status. PENALTY: Upon conviction liable to a fine or to imprisonment for a period not ‘exceeding five years, or to both a fine and such imprisonment.COUNT 3 CONTRAVENTION OF SECTION 49(14) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused Is guilty of the offence of contravening section 49(14) of the immigration act 13 of 2002 IN THAT on or about 10" day of June 2004, and at or near Cape Town, in the District of the City of Cape Town, the accused unlawfully and wrongfully for purposes of entering and remaining in the Republic, committed a fraudulent act or made false representation by conduct, statement or otherwise. PENALTY: Upon conviction liable to a fine or to imprisonment not exceeding eight years. COUNT 4 CONTRAVENTION OF SECTION 37(b) OF THE REFUGEES ACT 130 OF 1998, READ WITH SECTION 4 OF THE SAID ACT. THAT the accused is guilty of the offence of contravening section 37(b) of the Refugees Act 130 of 1998. IN THAT on or about 9" day of June 2006, and at or near Cape Town, in the District of the City of Cape Town, the accused unlawfully and wrongfully failed to comply with or contravened the conditions subject to which any permit had been issued to him by failing to apply for a renewal or extension of his formal recognition of refugee status in the republic. COUNTS CONTRAVENTION OF SECTION 49(1)(a) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT. THAT the accused is guilty of the offence of contravening section 49(1)(a) of the immigration act 13 of 2002. IN THAT on or about 24 May 2023, and at or near Paarl, in the District of Cape Winelands, the accused unlawfully and wrongfully remained in the Republic after his Refugee Status had expired on 9.June 2006.COUNTS CONTRAVENTION OF SECTION 49(14) OF THE IMMIGRATION ACT 43 OF 2002, READ WITH SECTION 4(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(14) of the immigration act 13 of 2002 IN THAT on or about 13" day of July 2007, and at or near Pretoria, in the District of the ‘Tshwane Central, the accused unlawfully and wrongfully for purposes of entering or remaining in, or departing from, the Republic, whether in contravention of the Immigration Act 13 of 2002 or not, committed a fraudulent act or made false representation by conduct, statement or otherwise by applying for a Malawian passport by using the name Positani Chikuse, and by claiming to be a Malawian national whereas in truth and in fact when the accused gave out and pretended as aforesaid he knew that in truth and in fact that his real name is Ukiliho Kayishema Fulgence and that he is a Rwandan national. PENALTY: Upon conviction liable to a fine or to imprisonment not exceeding eight years. COUNT7 CONTRAVENTION OF SECTION 49(14) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(14) of the immigration act 13 of 2002 IN THAT on or about 9 day of March 2009, and at or near Bellville, in the District of the City of Cape Town, the accused unlawfully and wrongfully for purposes of entering or remaining in, or departing from, the Republic, whether in contravention of the Immigration Act 13 of 2002 or not, committed a fraudulent act or made false representation by conduct, statement or otherwise by inserting into his Malawian passport a false extension of temporary residence permit which has permit number BVL 416/09, whereas in truth and in fact when the accused did so he knew that in truth and in fact that it was a false or fabricated permit. PENALTY: Upon conviction liable to a fine or to imprisonment not exceeding eight years,COUNTS CONTRAVENTION OF SECTION 49(14) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(14) of the immigration act 13 of 2002 IN THAT on or about 15" day of December 2008, and at or near Komatipoort, in the District of the Nkomazi, the accused unlawfully and wrongfully for purposes of entering or remaining in, or departing from, the Republic, whether in contravention of the Immigration Act 13 of 2002 or not, committed a fraudulent act or made false representation by conduct, statement or otherwise by departing the Republic to Mozambique using a fraudulently obtained Malawian passport. PENALTY: Upon conviction liable to a fine or to imprisonment not exceeding eight years. COUNTS CONTRAVENTION OF SECTION 49(14) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(14) of the immigration act 13 of 2002 IN THAT on or about 4” day of January 2009, and at or near Komatipoort, in the District of the Nkomazi, the accused unlawfully and wrongfully for purposes of entering or remaining in, or departing from, the Republic, whether in contravention of the Immigration Act 13 of 2002 or not, committed a fraudulent act or made false representation by conduct, statement or otherwise by entering the Republic from Mozambique using a fraudulently obtained Malawian passport. PENALTY: Upon conviction liable to a fine or to imprisonment not exceeding eight years. COUNT 10 CONTRAVENTION OF SECTION 49(14) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused Is guilty of the offence of contravening section 49(14) of the immigration act 13 of 2002IN THAT on or about 2° day of February 2009, and at or near Komatipoort, in the District of the Nkomazi, the accused unlawfully and wrongfully for purposes of entering or remaining in, or departing from, the Republic, whether in contravention of the Immigration Act 13 of 2002 or not, committed a fraudulent act or made false representation by conduct, statement or otherwise by departing the Republic to Mozambique using a fraudulently obtained Malawian passport. PENALTY: Upon conviction liable to a fine or to imprisonment not exceeding eight years, COUNT 11 CONTRAVENTION OF SECTION 49(14) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 4(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(14) of the immigration act 13 of 2002 IN THAT on or about 28" day of February 2009, and at or near Komatipoort, in the District of the Nkomazi, the accused unlawfully and wrongfully for purposes of entering ‘or remaining in, or departing from, the Republic, whether in contravention of the Immigration Act 13 of 2002 or not, committed a fraudulent act or made false representation by conduct, statement or otherwise by entering the Republic from Mozambique using a fraudulently obtained Malawian passport. PENALTY: Upon conviction liable to a fine or to imprisonment not exceeding eight years. COUNT 12 CONTRAVENTION OF SECTION 49(14) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(14) of the immigration act 13 of 2002 IN THAT on or about 18" day of January 2011, and at or near Komatipoort, in the District of the Nkomazi, the accused unlawlully and wrongfully for purposes of entering or remaining in, or departing from, the Republic, whether in contravention of the Immigration Act 13 of 2002 or not, committed a fraudulent act or made false representation by conduct, statement or otherwise by departing the Republic to Mozambique using a fraudulently obtained Malawian passport. PENALTY: Upon conviction liable to a fine or to imprisonment not exceeding eight years.COUNT 13 CONTRAVENTION OF SECTION 49(14) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(14) of the immigration act 13 of 2002 IN THAT on or about 30" day of January 2011, and at or near Komatipoort, in the District of the Nkomazi, the accused unlawfully and wrongfully for purposes of entering or remaining in, or departing from, the Republic, whether in contravention of the Immigration Act 13 of 2002 or not, committed a fraudulent act or made false representation by conduct, statement or otherwise by entering the Republic from Mozambique using a fraudulently obtained Malawian passport. PENALTY: Upon conviction liable to a fine or to imprisonment not exceeding eight years. COUNT 14 CONTRAVENTION OF SECTION 49(15)(a) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(15)(a) of the Immigration Act 13 of 2002 IN THAT on or about 15t day of December 2008, and at or near Komatipoort, in the District of Nkomazi, the accused as a natural person, unlawfully and intentionally for purposes of entering the Republic or of remaining therein, in contravention of the Immigration Act 13 of 2002 or departing from the Republic, or of assisting any other person so as to enter or so to remain or so to depart, uttered, used or attempted to use apermit, certificate, written authority or other document which has been issued by lawful authority, or which, though issued by lawful authority, he was not entitled to use it ora fabricated or falsified permit, certificate, written authority or other document, PENALTY: Upon conviction liable to imprisonment for a period not exceeding fifteen years without the option of a fine. COUNT 15 CONTRAVENTION OF SECTION 49(15)(a) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(15)(a) of the Immigration Act 13 of 2002IN THAT on or about 4" day of January 2009, and at or near Komatipoort, in the District, of Nkomazi, the accused as a natural person, unlawfully and intentionally for purposes of entering the Republic or of remaining therein, in contravention of the Immigration Act 13 of 2002 or departing from the Republic, or of assisting any other person so as to enter or so to remain or so to depart, uttered, used or attempted to use a permit, certificate, written authority or other document which has been issued by lawful authority, or which, though issued by lawful authority, he was not entitled to use it or a fabricated or falsified permit, certificate, written authority or other document PENALTY: Upon conviction liable to imprisonment for a period not exceeding fifteen years without the option of a fine. COUNT 16 CONTRAVENTION OF SECTION 49(15)(a) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(15)(a) of the Immigration Act 13 of 2002 IN THAT on or about 2 day of February 2009, and at or near Komatipoort, in the District of Nkomazi, the accused as a natural person, unlawfully and intentionally for purposes of entering the Republic or of remaining therein, in contravention of the Immigration Act 13 of 2002 or departing from the Republic, or of assisting any other person so as to enter or so to remain or so to depart, uttered, used or attempted to use a permit, certificate, written authority or other document which has been issued by lawful authority, or which, though issued by lawful authority, he was not entitled to use it or a fabricated or falsified permit, certificate, written authority or other document PENALTY: Upon conviction liable to imprisonment for a period not exceeding fifteen years without the option of a fine. COUNT 17 CONTRAVENTION OF SECTION 49(15)(a) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused Is guilty of the offence of contravening section 49(15)a) of the Immigration Act 13 of 2002 IN THAT on or about 28" day of February 2009, and at or near Komatipoort, in the District of Nkomazi, the accused as a natural person, unlawfully and intentionally for purposes of entering the Republic or of remaining therein, in contravention of the Immigration Act 13 of 2002 or departing from the Republic, or of assisting any other person so as to enter or so to remain or so to depart, uttered, used or attempted to use a permit, certificate, written authority or other document which has been issued bylawful authority, or which, though issued by lawful authority, he was not entitled to use it ora fabricated or falsified permit, certificate, written authority or other document PENALTY: Upon conviction liable to imprisonment for a period not exceeding fifteen years without the option of a fine. COUNT 18 CONTRAVENTION OF SECTION 49(15)(a) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(15)(a) of the Immigration Act 13 of 2002 IN THAT on or about 18 day of January 2011, and at or near Komatipoort, in the District of Nkomazi, the accused as a natural person, unlawiully and intentionally for purposes of entering the Republic or of remaining therein, in contravention of the Immigration Act 13 of 2002 or departing from the Republic, or of assisting any other person so as to enter or so to remain or so to depart, uttered, used or attempted to use a permit, certificate, written authority or other document which has been issued by lawiul authority, or which, though issued by lawful authority, he was not entitied to use it or a fabricated or falsified permit, certificate, written authority or other document. PENALTY; Upon conviction liable to imprisonment for a period not exceeding fifteen years without the option of a fine, COUNT 19 CONTRAVENTION OF SECTION 49(15)(a) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(15)(a) of the Immigration Act 13 of 2002 IN THAT on or about 30" day of January 2011, and at or near Komatipoort, in the District of Nkomazi, the accused as a natural person, unlawfully and intentionally for purposes of entering the Republic or of remaining therein, in contravention of the Immigration Act 13 of 2002 or departing from the Republic, or of assisting any other person so as to enter of so to remain or so to depart, uttered, used or attempted fo use permit, certificate, written authority or other document which has been issued by lawful authority, or which, though issued by lawful authority, he was not entitled to use it or a fabricated or falsified permit, cerlificate, written authority or other document PENALTY: Upon conviction liable to imprisonment for a period not exceeding fifteen years without the option of a fine.COUNT 20 CONTRAVENTION OF SECTION 49(15)(b) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(15)(b) of the Immigration Act 13 of 2002 IN THAT on or about 15* day of December 2008, and at or near Komatipoort, in the District of Nkomazi, the accused as a natural person, uniawfully and intentionally without sufficient cause, had in his possession, a passport, travel document, identity document or other document used for the facilitation of movement across borders, which is blank or reflects particulars other than those of the person in whose possession itis found or a fabricated or falsified passport, travel document, identity document or other document used for the facilitation of movement across borders. PENALTY: Upon conviction liable to imprisonment for a period not exceeding fifteen years without the option of a fine. COUNT 21 CONTRAVENTION OF SECTION 49(15)(b) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(15)(b) of the Immigration Act 13 of 2002 IN THAT on or about 4" day of January 2009, and at or near Komatipoort, in the District ‘of Nkomazi, the accused as a natural person, unlawfully and intentionally without sufficient cause, had in his possession, a passport, travel document, identity document or other document used for the facilitation of movement across borders, which is blank or reflects particulars other than those of the person in whose possession it is found or a fabricated or falsified passport, travel document, identity document or other document used for the facilitation of movement across borders. PENALTY: Upon conviction liable to imprisonment for a period not exceeding fifteen years without the option of a fine. COUNT 22 CONTRAVENTION OF SECTION 49(15)(b) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 4(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(15)(b) of the Immigration Act 13 of 2002IN THAT on or about 2" day of February 2009, and at or near Komatipoort, in the District of Nkomazi, the accused as a natural person, unlawfully and intentionally without sufficient cause, had in his possession, a passport, travel document, identity document or other document used for the facilitation of movement across borders, which is blank or reflects particulars other than those of the person in whose possession its found or a fabricated or falsified passport, travel document, identity document or other document used for the facilitation of movement across borders. PENALTY: Upon conviction liable to imprisonment for a period not exceeding fifteen years without the option of a fine. COUNT 23 CONTRAVENTION OF SECTION 49(15)(b) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(15)(b) of the Immigration Act 13 of 2002 IN THAT on or about 28" day of February 2009, and at or near Komatipoort, in the District of Nkomazi, the accused as a natural person, unlawfully and intentionally without sufficient cause, had in his possession, a passport, travel document, identity document or other document used for the facilitation of movement across borders, which is blank or reflects particulars other than those of the person in whose possession it is found or a fabricated or falsified passport, travel document, identity document or other document used for the facilitation of movement across borders, PENALTY: Upon conviction liable to imprisonment for a period not exceeding fifteen years without the option of a fine. COUNT 24 CONTRAVENTION OF SECTION 49(15)(b) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(15)(b) of the Immigration Act 13 of 2002 IN THAT on or about 18" day of January 2011, and at or near Komatipoort, in the District of Nkomazi, the accused as a natural person, unlawfully and intentionally without sufficient cause, had in his possession, a passport, travel document, identity document or other document used for the facilitation of movement across borders, which Is blank or reflects particulars other than those of the person in whose possession itis found or a fabricated or falsified passport, travel document, identity document or other document used for the facilitation of movement across borders.PENALTY: Upon conviction liable to imprisonment for a period not exceeding fifteen years without the option of a fine. COUNT 25 CONTRAVENTION OF SECTION 49(15)(b) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(15)(b) of the Immigration Act 13 of 2002 IN THAT on or about 30" day of January 2011, and at or near Komatipoort, in the District of Nkomazi, the accused as a natural person, unlawfully and intentionally without sufficient cause, had in his possession, a passport, travel document, identity document or other document used for the facilitation of movement across borders, which is blank or reflects particulars other than those of the person in whose possession it is found or a fabricated or falsified passport, travel document, identity document or other document used for the facilitation of movement across borders. PENALTY: Upon conviction liable to imprisonment for a period not exceeding fifteen years without the option of a fine. COUNT 26 CONTRAVENTION OF SECTION 37(h) OF THE REFUGEES ACT 130 OF 1998, READ WITH SECTION 1 OF THE SAID ACT. THAT the accused is guilty of the offence of contravening section 37(h) of the Refugees Act 130 of 1998 IN THAT upon or about 11" day of May 2020 and at or near Paarl in the District of the Cape Winelands, the accused unlawfully and wilfully or through gross negligence, produced a false document contemplated by the Refugees Act 130 of 1998, by producing a false or fabricated formal recognition of refugee status in the Republic, upon his arrest reflecting the name of Donatien Nibasunba and that he was a Burundian national whereas in truth and in fact, when the accused produced the false or fabricated document, he knew in truth and in fact that his real name is Ukilino Kayishema Fulgence and that he is a Rwandan national. PENALTY: Upon conviction liable to a fine or to imprisonment for a period not ‘exceeding five years, or to both a fine and such imprisonment. COUNT 27 CONTRAVENTION OF SECTION 37(h) OF THE REFUGEES ACT 130 OF 1998, READ WITH SECTION 1 OF THE SAID ACT.THAT the accused is guilty of the offence of contravening section 37(h) of the Refugees Act 130 of 1998 IN THAT upon or about 24% day of May 2023 and at or near Paarl in the District of the Cape Winelands, the accused unlawfully and wilfully or through gross negligence, produced a false document contemplated by the Refugees Act 130 of 1998, by producing a false or fabricated formal recognition of refugee status in the Republic, upon his arrest reflecting the name of Donatien Nibasunba and that he was a Burundian national whereas in truth and in fact, when the accused produced the false or fabricated document, he knew in truth and in fact that his real name is Ukiliho Kayishema Fulgence and that he is a Rwandan national PENALTY: Upon conviction liable to a fine or to imprisonment for a period not exceeding five years, or to both a fine and such imprisonment, COUNT 28 CONTRAVENTION OF SECTION 37(h) OF THE REFUGEES ACT 130 OF 1998, READ WITH SECTION 4 OF THE SAID ACT. THAT the accused is guilty of the offence of contravening section 37(h) of the Refugees Act 130 of 1998. IN THAT upon or about 24” day of May 2023 and at or near Paarl in the District of the Cape Winelands, the accused unlawfully and wilfully or through gross negligence, produced a false document contemplated by the Refugees Act 130 of 1908, by producing a false or fabricated Asylum Seekers Permit upon his arrest reflecting the name of Donatien Nibasunba and that he was a Burundian national whereas in truth and in fact, when the accused produced the false or fabricated document, he knew in truth and in fact that his real name is Ukiliho Kayishema Fulgence and that he is a Rwandan national. PENALTY: Upon conviction liable to a fine or to Imprisonment for a period not exceeding five years, or to both a fine and such imprisonment. COUNT 29 CONTRAVENTION OF SECTION 37(i) OF THE REFUGEES ACT 130 OF 1998, READ WITH SECTION 1 OF THE SAID ACT. THAT the accused is guilty of the offence of contravening section 37(i) of the Refugees Act 130 of 1998IN THAT upon or about 11% day of May 2020 and at or near Paarl in the District of the Cape Winelands, the accused unlawfully and intentionally manufactured or provided or caused the manufacturing or provision of a document purporting to be a document issued or administered by the department, while not being a duly authorised officer of the depariment by fabricating a document purporting to be a formal recognition of refugee status in the Republic of South Africa in the name of Donatien Nibasunba as a Burundian national and that his marital status reflected that of being single. PENALTY: Upon conviction liable to a fine or to imprisonment for a period not ‘exceeding five years, or to both a fine and such imprisonment. COUNT 28 CONTRAVENTION OF SECTION 37(i) OF THE REFUGEES ACT 130 OF 1998, READ WITH SECTION 1 OF THE SAID ACT. THAT the accused is guilty of the offence of contravening section 37(i) of the Refugees Act 130 of 1998 IN THAT upon or about 24" day of May 2023 and at or near Paarl in the District of the Cape Winelands, the accused unlawfully and intentionally manufactured or provided or caused the manufacturing or provision of a document purporting to be a document issued or administered by the department, while not being a duly authorised officer of the department by fabricating a document purporting to be a formal recognition of refugee status in the Republic of South Africa in the name of Donatien Nibasunba as a Burundian national and that his marital status reflected that of being single. PENALTY: Upon conviction liable to a fine or to imprisonment for a period not exceeding five years, or to both a fine and such imprisonment, COUNT 29 CONTRAVENTION OF SECTION 37(i) OF THE REFUGEES ACT 130 OF 1998, READ WITH SECTION 1 OF THE SAID ACT. THAT the accused is gully of the offence of contravening section 37(i) of the Refugees Act 130 of 1998, IN THAT upon or about 24" day of May 2023 and at or near Paarl in the District of the Cape Winelands, the accused unlawfully and intentionally manufactured or provided or caused the manufacturing or provision of a document purporting to be a document issued or administered by the department, while not being a duly authorised officer of the department by fabricating a document purporting to be a formal recognition of refugee status in the Republic of South Africa in the name of Donatien Nibasunba as a Burundian national and that his marital status reflected that of being single.PENALTY: Upon conviction liable to a fine or to imprisonment for a period not ‘exceeding five years, or fo both a fine and such imprisonment. COUNT 30 FRAUD THAT the accused is guilty of the crime of Fraud IN THAT on or about the 4th day of May 2020 and at or near Paarl in the District of the Cape Winelands, the accused did unlawiully, falsely and with the intent to defraud and to the prejudice or potential prejudice of Mocikelder Boerdery (PTY) LTD give out and pretend to Mooikelder Boerdery (PTY) LTD that when he applied to them for employment, that his name was Donatien Nibasunba and that he was a Burundian national that was never married, whereas in truth and in fact when the accused gave out and pretended as aforesaid he knew that in truth and in fact that his real name is Ukiliho Kayishema Fulgence, that he is a Rwandan national and that he was married. COUNT 31 CONTRAVENTION OF SECTION 37(a) OF THE REFUGEES ACT 130 OF 1998, READ WITH SECTION 1 OF THE SAID ACT. THAT the accused is guilty of the offence of contravening section 37(a) of the Refugees Act 130 of 1998. IN THAT upon or about 11" day of May 2020 and at or near Paar! in the District of the Cape Winelands, the accused unlawfully and intentionally for the purpose of entering or remaining in the Republic committed a fraudulent act or made false representation by conduct, statement or otherwise by applying and successfully being employed by Mooikelder Boardery (PTY) LTD based on a false or fabricated formal recognition of refugee status in the Republic document reflecting the name of Donatien Nibasunba, and that he was @ Burundian national. PENALTY: Upon conviction liable to a fine or to imprisonment for a period not ‘exceeding five years, or to both a fine and such imprisonment.COUNT 32 FRAUD THAT the accused is guilty of the crime of Fraud IN THAT on or about the 30" day of October 2015 and at or near Cape Town in the District of the City of Cape Town, the accused did unlawfully, falsely and with the intent to defraud and to the prejudice or potential prejudice of the South African Police Service give out and pretend to the South African Police Service in an application for police clearance certificate that his name was Positani Chikuse and that he was a Malawian national whereas in truth and in fact when the accused gave out and pretended as aforesaid he knew that in truth and in fact that his real name is Ukilino Kayishema Fulgence, and that he is a Rwandan national. COUNT 33 CONTRAVENTION OF SECTION 49(14) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(14) of the immigration act 13 of 2002 IN THAT on or about 30" day of October 2015, and at or near Cape Town, in the District of the City of Cape Town, the accused unlawfully and wrongfully for purposes of entering or remaining in, or departing from, the Republic, whether in contravention of the Immigration Act 13 of 2002 or not, committed a fraudulent act or made false representation by conduct, statement or athenwise by attaching to an application for a Visa in terms of section 11(6) of the Immigration Act 13 of 2002 to the Department of Home Affairs, a fraudulently obtained South African Police Service clearance certificate. PENALTY: Upon conviction liable to a fine or fo imprisonment not exceeding eight years. COUNT 34 FRAUD THAT the accused is guilty of the crime of Fraud IN THAT on or about the 17% day of August 2016 and at or near Paarl in the District of the Cape Winelands, the accused did unlawfully, falsely and with the intent to defraud and to the prejudice or potential prejudice of Doctor FC Lotter give out and pretend to the Doctor FC Lotter in an application to submit a medical certificate to the Department of Home Affairs that his name was Positani Chikuse whereas in truth and in fact when the accused gave out and pretended as aforesaid he knew that in truth and in fact thathis real name is Ukiliho Kayishema Fulgence. COUNT 35 CONTRAVENTION OF SECTION 49(14) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(14) of the immigration act 13 of 2002 IN THAT on or about 30 day of October 2015, and at or near Cape Town, in the District of the City of Cape Town, the accused unlawfully and wrongfully for purposes of entering or remaining in, or departing from, the Republic, whether in contravention of the Immigration Act 13 of 2002 or not, committed a fraudulent act or made false representation by conduct, statement or otherwise by attaching to an application for a Visa in terms of section 1 1(6) of the Immigration Act 13 of 2002 to the Department of Home Affairs, a fraudulently obiained medical certificate from Doctor FC Lotter. PENALTY: Upon conviction liable to a fine or to imprisonment not exceeding eight years. COUNT 36 FRAUD THAT the accused is guilty of the crime of Fraud IN THAT on or about the 17" day of August 2016 and at or near Paarl in the District of the Cape Winelands, the accused did unlawfully, falsely and with the intent to defraud and to the prejudice or potential prejudice of Doctors Schnetler, Corbett and Partners give out and pretend to the Doctors Schnetler, Corbett and Partners in an application to submit a radiological certificate to the Department of Home Affairs that his name was Positani Chikuse whereas in truth and in fact when the accused gave out and pretended as aforesaid he knew that in truth and in fact that his real name is Ukiliho Kayishema Fulgence. COUNT 37 CONTRAVENTION OF SECTION 49(14) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(14) of the immigration act 13 of 2002IN THAT on or about 30" day of October 2018, and at or near Cape Town, in the District of the City of Cape Town, the accused unlawfully and wrongfully for purposes of entering or remaining in, or departing from, the Republic, whether in contravention of the Immigration Act 13 of 2002 or not, committed a fraudulent act or made false representation by conduct, statement or otherwise by attaching to an application for a Visa in terms of section 11(6) of the Immigration Act 13 of 2002 to the Department of Home Affairs, a fraudulently obtained radiological certificate from Doctors Schnetler, Corbett and Partners. PENALTY: Upon conviction liable to a fine or to imprisonment not exceeding eight years. COUNT 38 CONTRAVENTION OF SECTION 49(14) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accusad is guilty of the offence of contravening section 49(14) of the immigration act 13 of 2002 IN THAT on or about 30" day of October 2015, and at or near Cape Town, in the District of the City of Cape Town, the accused unlawfully and wrongfully for purposes of entering or remaining in, or departing from, the Republic, whether in contravention of the Immigration Act 13 of 2002 or not, committed a fraudulent act or made false representation by conduct, statement or otherwise by attaching to an application for a Visa in terms of section 11(6) of the Immigration Act 13 of 2002 to the Department of Home Affairs, a fraudulently obtained Malawian Police clearance certificate, PENALTY: Upon conviction liable to a fine or to imprisonment not exceeding eight years. COUNT 39 FRAUD THAT the accused is guilty of the crime of Fraud IN THAT on or about the 30" day of October 2015 and at or near Cape Town in the District of the City of Cape Town, the accused did unlawfully, falsely and with the intent to defraud and to the prejudice or potential prejudice of Nancy Wambui Munyari give out and pretend to the Department of Home Affairs in an application for a Visa in terms of section 11(6) of the Immigration Act 13 of 2002 that he in a permanent spousal relationship with her under a false name of Positani Chikuse whereas in truth and in fact when the accused gave out and pretended as aforesaid he knew that in truth and in fact that his real name is Ukiliho Kayishema Fulgence, and that he was not in a permanent spousal relationship with Nancy Wambui MunyariCOUNT 40 CONTRAVENTION OF SECTION 49(14) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(14) of the Immigration act 13 of 2002 IN THAT on or about 30" day of October 2015, and at or near Cape Town, in the District of the City of Cape Town, the accused untawlully and wrongfully for purposes of entering or remaining in, or departing from, the Republic, whether in contravention of the Immigration Act 13 of 2002 or not, committed a fraudulent act or made false representation by conduct, statement or otherwise by attaching to an application for a Visa in terms of section 11(6) of the Immigration Act 13 of 2002 to the Department of Home Affairs, a fraudulently completed affidavit in the name of Nancy Wambui Munyari stating that they were in a permanent spousal relations whereas in truth and in fact they were not in such relationship. PENALTY: Upon conviction liable to a fine or to imprisonment not exceeding eight years. COUNT 41 FRAUD THAT the accused is guilty of the crime of Fraud IN THAT on or about the 30" day of October 2015 and at or near Cape Town in the District of the City of Cape Town, the accused did unlawfully, falsely and with the intent to defraud and to the prejudice or potential prejudice of AMIS Tours CC give out and pretend to AMIS Tours CC in an application for a Visa in terms of section 11(6) of the Immigration Act 13 of 2002 that he was employed by them under the false name of Positani Chikuse whereas in truth and in fact when the accused gave out and pretended as aforesaid he knew that in truth and in fact that his real name is Ukiliho Kayishema Fulgence. COUNT 42 CONTRAVENTION OF SECTION 49(14) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(14) of the immigration act 13 of 2002IN THAT on or about 30! day of October 2015, and at or near Cape Town, in the District of the City of Cape Town, the accused unlawfully and wrongfully for purposes of entering or remaining in, or departing from, the Republic, whether in contravention of the Immigration Act 13 of 2002 or not, committed a fraudulent act or made false representation by conduct, statement or otherwise by attaching to an application for a Visa in terms of section 11(6) of the Immigration Act 13 of 2002 to the Department of Home Affairs, a document indicating that he was employed by AMIS Tours CC under the false name of Chikuse Positani, PENALTY: Upon conviction liable to a fine or to imprisonment not exceeding eight years. COUNT 43 CONTRAVENTION OF SECTION 49(15)(a) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(15)(a) of the. Immigration Act 13 of 2002 IN THAT on or about 30!" day of October 2015, and at or near Cape Town, in the District of the City of Cape Town, the accused as a natural person, unlawfully and intentionally for purposes of entering the Republic or of remaining therein, in contravention of the Immigration Act 13 of 2002 or departing from the Republic, or of assisting any other person so as to enter or so to remain or so to depart, uttered, used or attempted to use a permit, certificate, written authority or other document which has been issued by lawful authority, or which, though issued by lawful authority, he was not entitled to use it or a fabricated or falsified permit, certificate, written authority or other document. PENALTY: Upon conviction liable to imprisonment for a period not exceeding fifteen years without the option of a fine. COUNT 44 CONTRAVENTION OF SECTION 49(15)(b) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(15)(b) of the Immigration Act 13 of 2002 IN THAT on or about 30 day of October 2015, and at or near Cape Town, in the District of the City of Cape Town, the accused as a natural person, unlawfully and intentionally without sufficient cause, had in his possession, a passport, travel document, identity document or other document used for the facilitation of movement across borders, which is blank or reflects particulars other than those of the person inwhose possession it is found or a fabricated or falsified passport, travel document, identity document or other document used for the facilitation of movement across borders. PENALTY: Upon conviction liable to imprisonment for a period not exceeding fifteen years without the option of a fine. COUNT 45 FRAUD THAT the accused is guilty of the crime of Fraud IN THAT on or about the 28" day of April 2009 and at or near Cape Town in the District _ Of the City of Cape Town, the accused did unlawfully, falsely and with the intent to defraud and to the prejudice or potential prejudice of Fundiswa Primrose Mpalala give out and pretend to the Department of Home Affairs in an application for a Visa in terms of section 11(6) of the Immigration Act 13 of 2002 that he in a permanent spousal relationship with her under a faise name of Positani Chikuse whereas in truth and in fact when the accused gave out and pretended as aforesaid he knew that in truth and in fact that his real name is Ukilino Kayishema Fulgence, and that he was not in a permanent spousal relationship with Fundiswa Primrose Mpalala. COUNT 46 CONTRAVENTION OF SECTION 49(14) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(14) of the immigration act 13 of 2002 IN THAT on or about 28" day of April 2009, and at or near Cape Town, in the District of the City of Cape Town, the accused unlawiully and wrongfully for purposes of entering or remaining in, or departing from, the Republic, whether in contravention of the Immigration Act 13 of 2002 or not, committed a fraudulent act or made false representation by conduct, statement or otherwise by attaching to an application for a Visa in terms of section 11(6) of the Immigration Act 13 of 2002 to the Department of Home Affairs, a fraudulently completed affidavit in the name of Fundiswa Primrose Mpalala stating that they were in a permanent spousal relations whereas in truth and in fact they were not in such relationship. PENALTY: Upon conviction liable to a fine or to imprisonment not exceeding eight years.COUNT 47 FRAUD THAT the accused is guilty of the crime of Fraud IN THAT on or about the 28" day of April 2009 and at or near Cape Town in the District of the City of Cape Town, the accused did unlawfully, falsely and with the intent to defraud and to the prejudice or potential prejudice of AMIS Tours CC give out and pretend to AMIS Tours CC in an application for a Visa in terms of section 11(6) of the Immigration Act 13 of 2002 that he was employed by them under the false name of Positani Chikuse whereas in truth and in fact when the accused gave out and pretended as aforesaid he knew that in truth and in fact that his real name is Ukiliho Kayishema Fulgence. COUNT 48 CONTRAVENTION OF SECTION 49(14) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 4(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(14) of the immigration act 13 of 2002 IN THAT on or about 28" day of April 2009, and at or near Cape Town, in the District of the City of Cape Town, the accused unlawfully and wrongfully for purposes of entering ‘or remaining in, or departing from, the Republic, whether in contravention of the Immigration Act 13 of 2002 or net, committed a fraudulent act or made false representation by conduct, statement or otherwise by attaching to an application for a Visa in terms of section 11(6) of the Immigration Act 13 of 2002 to the Department of Home Affairs, a document indicating that he was employed by AMIS Tours CC under the false name of Chikuse Positani. PENALTY: Upon conviction liable to a fine or to imprisonment not exceeding eight years. COUNT 49 CONTRAVENTION OF SECTION 49(15)(a) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(15)(a) of the Immigration Act 13 of 2002 IN THAT on or about 28" day of April 2009, and at or near Cape Town, in the District of the City of Cape Town, the accused as a natural person, unlawfully and intentionally for purposes of entering the Republic or of remaining therein, in contravention of theImmigration Act 13 of 2002 or departing from the Republic, or of assisting any other person so as to enter or so to remain or so to depart, uttered, used or attempted to use permit, certificate, written authority or other document which has been issued by lawful authority, or which, though issued by lawful authority, he was not entitled to use it or a fabricated or falsified permit, certificate, written authority or other document. PENALTY: Upon conviction liable to imprisonment for a period not exceeding fifteen years without the option of a fine. COUNT 50 CONTRAVENTION OF SECTION 49(15)(b) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(15)(b) of the Immigration Act 13 of 2002 IN THAT on or about 28% day of April 2009, and at or near Cape Town, in the District of the City of Cape Town, the accused as a natural person, unlawfully and intentionally without sufficient cause, had in his possession, a passport, travel document, identity document or other document used for the facilitation of movement across borders, which is blank or reflects particulars other than those of the person in whose possession itis found or a fabricated or falsified passport, travel document, identity document or other document used for the facilitation of movement across borders. PENALTY: Upon conviction liable to imprisonment for a period not exceeding fifteen years without the option of a fine. COUNT 51 FRAUD THAT the accused is guilty of the crime of Fraud IN THAT on or about 2012 and at or near Cape Town in the District of the City of Cape Town, the accused did unlawfully, falsely and with the intent to defraud and to the prejudice or potential prejudice of Maria Grace Ramakatsa give out and pretend to the Department of Home Affairs in an application for a Visa in terms of section 11(6) of the Immigration Act 13 of 2002 that he in a permanent spousal relationship with her under a false name of Positani Chikuse whereas in truth and in fact when the accused gave out and pretended as aforesaid he knew that in truth and in fact that his real name is Ukiliho Kayishema Fulgence, and that he was not in a permanent spousal relationship with Maria Grace Ramakatsa,COUNT 52 CONTRAVENTION OF SECTION 49(14) OF THE IMMIGRATION ACT 13 OF 2002, READ WITH SECTION 1(1) OF THE SAID ACT THAT the accused is guilty of the offence of contravening section 49(14) of the immigration act 13 of 2002 IN THAT on or about 2012, and at or near Cape Town, in the District of the City of Cape Town, the accused unlawfully and wrongfully for purposes of entering or remaining in, or departing from, the Republic, whether in contravention of the Immigration Act 13 of 2002 or not, committed a fraudulent act or made false representation by conduct, statement or otherwise by attaching to an application for a Visa in terms of section 11(6) of the Immigration Act 13 of 2002 to the Department of Home Affairs, a fraudulently completed affidavit in the name of Maria Grace Ramakatsa stating that they were ina permanent spousal relations whereas in truth and in fact they were not in such relationship. PENALTY: Upon conviction liable to a fine or to imprisonment not exceeding eight years,