Mbabane – XWIN (Pty) Ltd director Ntuthuko Fakudze has approached the High Court on an urgent basis seeking bail, stating that he had no control over the company despite being listed as a director and was only appointed for convenience.
In papers before the High Court held at Mbabane, Fakudze said he complied with a police summons on April 2, 2026, after receiving a call from members of the Royal Eswatini Police Service. Upon his arrival, he was interviewed about the operations of XWIN (Pty) Ltd, particularly its bank transactions.
He told the court that although he is recorded as a director of the company, he holds zero percent shares and had no decision-making powers or financial benefit from its operations.
Following the interview, Fakudze was charged with multiple offences. These include one count of money laundering in contravention of Section 4(1)(c)(i) of the Money Laundering and Financing of Terrorism (Prevention) Act of 2011, relating to the alleged possession of US$593,355.55 suspected to be proceeds of unlawful activities linked to illegal gaming or immigration offences.
He also faces two counts of contravening Section 3(1)(a) of the Gaming Control Act No. 7 of 2022 for allegedly engaging in unlawful gaming activities, one count of operating without a valid trading licence under the Trading Licences Order of 1975, and one count of contravening the Immigration Act of 1982 for allegedly employing foreign nationals from countries including the Philippines, Indonesia, China, Vietnam, Malaysia, Myanmar and India without permits.
Fakudze has been in custody since April 2 and attributes his continued detention to delays caused by the Easter holiday period. He is now asking the court to admit him to bail pending the finalisation of the matter.
In his founding affidavit, Fakudze maintains his innocence and says he will plead not guilty to all charges. He argues that he never exercised control over the company, did not participate in any gaming activities and never employed foreign nationals.
He further raised concern over the money laundering charge, stating that it refers to an alleged offence dated October 26, 2026, which has not yet occurred.
Through his attorney, Linda Dlamini, the application was filed under a certificate of urgency. Dlamini submitted that the matter is inherently urgent as it concerns Fakudze’s personal liberty, which is protected under Sections 16(7) and 21(1) of the Constitution of Eswatini. She argued that Fakudze cannot obtain substantial redress at a later stage and that his continued incarceration threatens the livelihood of his dependents.
Fakudze told the court that he is a Swazi national residing in Mangwaneni in the Hhohho Region, with a wife and two children who depend on him. He stated that he has no ties outside Eswatini and is not a flight risk.
A second applicant in a related matter, Nqobile Mncina, has also approached the court seeking bail under similar circumstances. Court documents indicate that she suffers from a heart condition and is the caregiver of minor children, including one who has asthma.
The application seeks the court’s permission to dispense with normal time limits and procedures and to hear the matter as urgent, as well as to grant bail on terms the court deems appropriate.
The High Court was expected to hear the urgent application today.
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