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 2002IN 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 2002IN 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 bylawful 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 2002IN 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 1998IN 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 thathis 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 2002IN 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 MunyariCOUNT 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 2002IN 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 inwhose 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 theImmigration 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,