Fees Must Fall activist Mcebo Dlamini has been given a suspended sentence following his plea and a sentencing agreement relating to public violence and contravening the provisions of the Immigration Act.

Dlamini's attorney Aviwe Yakopi reportedly told TimesLIVE that his client pleaded guilty to a charge of public violence and of unlawfully and intentionally staying in SA.

The plea came a day before his trial was set to continue.

The Johannesburg Magistrate’s Court sentenced Dlamini to two years, wholly suspended for five years, for public violence. He was also given six months' imprisonment, again wholly suspended for five years, for unlawfully staying in the country.

Dlamini’s matter was handled by Advocate Dali Mpofu. It has gone on for four years with various postponements. He was originally facing six charges: assault with intent to cause bodily harm, public violence, theft, malicious damage to property, possession of a dangerous weapon and contravention of immigration laws. Four of the charges were withdrawn.

‘We consider this to be a win because the matter did not go through the prosecution and we were able to have most of the charges withdrawn,’ said Yakopi.

Yakopi said while the criminal case against Dlamini had ended, he now faced yet another battle: to prove that he was a South African citizen.

Full TimesLIVE report

In court papers, Dlamini indicated that he was born in Mbabane, Swaziland, on 17 December 1986 to Witness Nkosinigphile Dlamini, notes a News24 report. He had been raised by his aunt, whom he thought was his parent, while his biological mother sought work in SA.

He obtained a student visa in 2012 to study at the University of Witwatersrand. He had been living in SA since 2002.

Dlamini states that he later learnt through Witness, a South African citizen, that she was his biological mother.

Witness applied for a late registration of his birth. The Department of Home Affairs subsequently approved the late registration and issued Dlamini with a South African identity number. However, during the 2016 arrest, Home Affairs conducted an investigation into his status as a citizen and Dlamini was asked to subject himself to a DNA test within 14 days.

He had failed to do so.

His mother died in May 2018 and as a result, his status as a citizen and his identity number was revoked, he said.

Although he still intends to prove that he is the biological child of Witness, Dlamini admits his failure to do so made him guilty of contravening the provisions of the Immigration Act.

Dlamini said he intended to apply for a presidential pardon as his ‘activities’ were politically motivated.

Full News24 report