A woman accused of being part of a large-scale ‘facata’ scam with 190 charges has been denied bail by the High Court, with Judge Ticheme Dlamini ruling that releasing her would not be in the interest of justice and would undermine public confidence in the judicial system.
The applicant, Fisile Bukiso Simelane, was arrested in July at Buka in Ezulwini by members of the Royal Eswatini Police Service (REPS). She faces multiple counts under the Prevention of Organised Crime Act (2018), Money Laundering and Financing of Terrorism (Prevention) Act (2011), and Computer Crime and Cybercrime Act (2022), as well as numerous charges of theft by false pretences.
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Simelane is charged alongside Ncaba Thandukukhanya Simelane, Mbutfo Nkululeko Mamba (her boyfriend), and Philiswa Thembayena Sibandze.
The offences are linked to the notorious ‘facata’ scam, where fraudsters impersonate bank or MTN Mobile Money employees and trick victims into entering certain numbers on their phones, giving scammers access to their accounts.
Judge Dlamini noted that such offences were rampant and carried the hallmarks of organised crime.
Related: New Tactic in ‘Facata’ Scam Uncovered
Simelane applied for bail, claiming she was only arrested because she lived with her boyfriend (co-accused). She said she had cooperated with police and no exhibits were found in her possession.
She cited a precedent, referring to Thabiso John Masilela, who was granted bail under Case No. 172/2025, and added that her health condition — asthma — required regular medical attention.
However, the Crown opposed the application, arguing that Simelane failed to disclose pending charges from her previous arrest in October 2024 for similar offences.
According to Detective Dlamini, after being granted bail in 2024, the accused continued committing the same crimes while her earlier case was still pending. She also ignored police instructions to report to Manzini Police Station and failed to assist in locating her boyfriend.
Judge Dlamini found that Simelane blatantly violated her previous bail conditions, noting she had not reported to the police, failed to surrender her passport, and was found with five mobile phones and seven SIM cards despite a bail restriction prohibiting such possession.
The judge said Simelane had no fixed residence and worked as a live-in domestic worker, making her a flight risk.
“Releasing her would undermine public confidence in the justice system,” the judge ruled, concluding that it was not in the interest of justice to grant bail.
The application was accordingly dismissed.
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