Undocumented Mexican nationals stay raises red flags
Larona Makhaiza | Monday January 26, 2026 06:00
The six Mexican nationals, namely, Gumecindo Enrique, 61, Jose Pena, 48, Fansico Alejandro, 33, Jose Corrales, 39, Carlos Aguilar, 32, and David Teran, 26, were apprehended in November last year.
Following their arrest, they were charged with a single count of illegal entry into the country.
They were arrested alongside a Nigerian man, Uchema Njoku, 53, who has been charged with aiding and abetting crime by allegedly assisting suspects to illegally enter the country.
When delivering sentence on the matter, Extension II Chief Magistrate Kamogelo Mmesi emphasised that Botswana’s immigration laws are crafted with the country’s safety at their core.
She warned that illegal entry poses far-reaching risks, including human trafficking, organised crime, and threats to public security.
“It is worth mentioning that entering a country through an ungazetted point carries a severe impact on the country’s safety as it violates the immigration laws and the security of this country, and such can put citizens at risk of trafficking,” she said.
In their mitigation, representative of the five other Mexican nationals, Aguilar pleaded ignorance over the immigration laws of Botswana. Aguilar insisted that he and his counterparts had no understanding of how the country operates.
In light of that, Magistrate Mmesi said the narrative perturbs her because ignorance as a factor would never ever suffice as a factor for mitigation or leniency in the court of law.
“Accused Carlos (Aguilar) elaborated that they were not familiar with the laws of Botswana, as they entered Botswana from South Africa in transit to Mexico. Unfortunately, ignorance of the law is not a defence,” Mmesi said.
As the Mexicans claimed that they were not aware of any drug trafficking activities in Mozambique, Chief Magistrate said the sextet were just clutching at straws, as evidence suggests otherwise.
“It was on record that there might be part of a drug cartel group in Mozambique, and there were warrants filed with the court, as they show that warrants of arrest have been issued against them in Mozambique. This information is with the Investigating Officer and Interpol, and it has been proven,” Mmesi quashed the defence of Mexicans. Magistrate Mmesi said what is even more worrisome from the lies they have peddled in court is not specifying their whereabouts for the past two years and claiming that they were just in transit to Mexico.
“The six Mexican nationals failed to explain where they had been for a period of two years, as it is evidence that they arrived at OR Tambo, Johannesburg, SA in November 2023 according to their passports, and from there on they went off the radar,” noted Mmesi.
The Magistrate further said the two years that are unaccounted for raise more questions and red flags about the group, more so that they are a notorious drug group; one only wonders what they have been up to.
“It is clear that there might be serious crimes that have been committed for the two years that they have gone off the radar, for as it was only on November last year when they resurfaced when they went an Immigration agent (Mbulawa) who tried to get their passports stamped as they had not done that despite being in the country,” she said.
With the seriousness of the crimes committed and the chain of people involved in the case, Magistrate Mmesi did not just fine them but sent them to prison in her sentencing.
“The six Mexican nationals are hereby fined P5 000 each and an imprisonment term of 12 months, which will be backdated to their time of incarceration. Should they fail to pay, they will be imprisoned for five years,” she ordered.
They have been advised to appeal, but will not follow through with the appeal while the Nigerian will appear in court on March 4.