A dramatic turn of events has unfolded in the case of 95 Libyans arrested at an unaccredited military-style training camp in Masoyi, near White River, Mpumalanga. The National Prosecuting Authority (NPA) has withdrawn all charges against the men, opting instead for their deportation.
The decision came after an urgent application by the accused's legal team, which resulted in the case being brought forward from its original August 26th date to Thursday, August 15th.
The Libyans had initially faced charges under the Immigration Act, stemming from their apprehension at the camp over a week prior. The camp, operating without proper authorisation, raised serious concerns about the group's activities.
Colonel Donald Mdhluli, the provincial police spokesperson, explained the reasoning behind the NPA's decision.
"Normally, when individuals are charged under the Immigration Act and found guilty, deportation is the natural consequence. That was the likely outcome here, given that the 95 Libyans had misrepresented themselves during visa applications," he said.
However, the situation took a more complex turn when allegations of robbery and rape surfaced, prompting authorities to keep the Libyans in custody while further investigations were conducted.
Despite the seriousness of these accusations, no formal charges were ever laid.
"Not a single person has come forward to lay any charges against the foreign nationals. As such, the director of public prosecutions made the decision to withdraw the case. It would have been unjust to hold them without evidence, and now Home Affairs will handle their deportation," Mdhluli stated.
While the charges against the Libyans have been dropped, investigations into Milites Dei Security Services, the company operating the camp, are ongoing. "We are continuing to investigate the company to establish whether they violated any South African laws," Mdhluli added.
The Private Security Industry Regulatory Authority (PSIRA) has taken swift action, suspending the security company in the wake of the controversy.
The Libyan men claim they were recruited by a Libyan tycoon who funded their trip to South Africa for training purposes. However, they allege that they were misled and are now facing unfair treatment in South African prisons.
“If SA doesn't want us, let us go home then,” one of the men said through an interpreter.
As the men are Muslim, they expressed their dissatisfaction with the living conditions and treatment they are receiving at the Barberton prison. They said they are being given non-halaal food which is against their religious beliefs and the treatment they receive from Correctional Services officials is unfair.
“As they are Muslim people from Libya, they need certain requirements that you and I don’t,” said defence attorney Mr Kassen who was speaking on behalf of all the 95 accused.
Prior to their arrest, a multidisciplinary team comprising police and Home Affairs officials discovered the illegal camp on a farm used for security guard training. Authorities also found military-grade firearms and contraband on the farm.
Nico du Plessis who is he men's advocate told eNCA that the men were in the country on a study permit and training and that they had a contract reflecting this.
