Former KZN prosecutor sentenced to five years for misrepresentation in immigration case

2026-03-27 - 12:01

A 36-year-old former State prosecutor has been sentenced to five years in jail following his conviction for defeating the ends of justice. Ntokozo Mzulwini appeared in the Durban Regional Court on Friday, 27 March 2026, where the sentence was handed down. The prosecutor committed the offence in October 2022 while he was on duty at the Durban Magistrates’ Court. Misrepresentations According to the National Prosecuting Authority (NPA), Mzulwini made material misrepresentations to two control prosecutors at the Durban Magistrate’s Court. He had been assigned to prosecute an accused named Mr Khan, who was charged as an illegal immigrant in contravention of section 49 of the Immigration Act. Illegal immigrant NPA spokesperson Natasha Ramkisson-Kara stated that the offence requires deportation of the accused to his country of origin, Malawi, and does not permit an admission-of-guilt fine under section 57A of the Criminal Procedure Act. “Mzulwini falsely represented to the control prosecutors that Mr Khan had contravened section 37(b) of the Refugees Act, which relates to the expiration of a refugee permit and permits the payment of an admission-of-guilt fine without deportation. “Acting on this misrepresentation, Mzulwini prepared documentation reflecting the incorrect charge, despite evidence in the docket confirming that Mr Khan was not a refugee but an illegal immigrant,” Ramkisson-Kara said. ALSO READ: Sexual assault scandal rocks Randburg Magistrate’s Court Discrepancy Mzulwini presented these documents to a control prosecutor for authorisation without including the docket. However, the control prosecutor identified the discrepancy, refused to authorise the admission-of-guilt documentation, destroyed the incorrect documents, and instructed Mzulwini to proceed with the matter correctly in court under the Immigration Act. She further directed that, should the accused plead guilty, the matter should proceed in terms of section 112(2) of the Criminal Procedure Act 51 of 1977. Ramkisson-Kara said that despite these instructions, Mzulwini redrafted the incorrect documentation and approached a second control prosecutor, repeating the same misrepresentations. “The second control prosecutor, unaware of the earlier intervention, authorised the admission-of-guilt documentation. Mr Khan subsequently paid the fine and was released. Arrest Later that day, the two control prosecutors discussed the matter, leading to the discovery of the misrepresentation. The admission-of-guilt was reversed, and Mr Khan was brought back before the court and correctly charged. The matter was reported to the police, and Mzulwini was arrested,” Ramkisson-Kara said. During court proceedings, state prosecutor S’phelele Ndlela led the testimony of both control prosecutors and submitted documentary evidence, including records from the Department of Home Affairs, the original charge sheets, and the altered documentation prepared by Mzulwini. Ramkisson-Kara said the court sentenced Mzulwini to five years’ direct imprisonment and declared him unfit to possess a firearm. “This conviction underscores the seriousness of breaches of professional ethics and affirms that no individual, regardless of position, is above the law. “The National Prosecuting Authority (NPA) holds its officials to the highest standards of integrity and will act decisively against any conduct that undermines the administration of justice,” Ramkisson-Kara said. Deterrence The director of public prosecutions expressed hope that it would serve as a deterrent to others and encouraged those in supervisory roles to strengthen oversight mechanisms to ensure early detection and prevention of misconduct. Mzulwini was also subjected to internal disciplinary processes and was dismissed from service. An arbitration dispute about his dismissal is currently underway under the auspices of the General Public Service Sectoral Bargaining Council (GPSSBC), and the NPA says it will continue to participate in the process. ALSO READ: Arrest warrants issued for two accused in R114m Mpumalanga education tender fraud