Founders High School acting headmaster, co-accused found guilty

Justice Neville Wamambo ruled that the two officials had deliberately failed to comply with a court order and sentenced them to six months’ imprisonment, wholly suspended on condition that they immediately allocate Razo a stand of the same size as the one he previously held in Vengere Township, Rusape.

Danisa Masuku, Court Writer

ACTING Founders High School headmaster, Nkosana Mlibazi, and his accomplice, Lazarus Moyo, have been convicted of defrauding the Bulawayo school of US$600 after receiving payment for plumbing work they never carried out.

Mlibazi and Moyo appeared before Bulawayo provincial magistrate, Mr Richard Ramaboea, on Monday, who remanded them in custody to today for sentencing.

In his ruling, the magistrate stated that Mlibazi flouted tender procedures by handpicking his friend, Moyo, and conspired to defraud the school of US$600 for work that was never done.

The magistrate further said: “Accused one (Mlibazi) told this court that when he contracted Moyo, he was acting on behalf of the school. That is not true; you are merely hiding behind your finger.

“You were acting on behalf of yourself, and he admitted that he authorised payment for services not done.”

The magistrate described Moyo’s defence as meaningless and incomprehensible.

“The defence of accused two was incoherent and difficult to understand. He gave his testimony in English, and it was incomprehensible.

“I had to ask him to give his testimony in IsiNdebele; again, it was incoherent, and one could tell that it was a lie. His testimony was meaningless. Both accused persons have been found guilty,” ruled Mr Ramaboea.

In mitigation, their lawyer, Byron Sengweni of Sengweni Legal Practice, stated: “Both accused persons are first-time offenders and they are married. They are the sole breadwinners.

“They did not benefit from the offence because the complainant (Founders High School) owes the accused more than US$4 000. They will restitute, and I pray for a non-custodial sentence.”

The prosecutor, Mr Joseph Rugara, submitted that Mlibazi occupies a public office and breached the trust the school had in him.

“Fraud is a serious crime. Mlibazi is still employed at Founders High School, while Moyo is still the director of his company. Due to that, the chances of re-offending are high, and they may conspire to commit another crime. Community service or a fine will trivialise the offence,” he said.

“They have to be jailed to send a message to like-minded people. The society needs to be protected from such people.”

During the fraud trial, Moyo admitted in court that he received payment for plumbing work he never carried out.

He is jointly charged with the Founders High School deputy headmaster, Mlibazi.

The prosecutor told the court that in August last year, Founders High School realised US$16 000 from hosting guests of the Confederation of School Sports Associations of Southern Africa (Cossasa), providing accommodation and meals during the tournament.

After settling all tournament-related expenses, the school banked the remaining funds. However, the court heard that a few days later, Mlibazi and Moyo allegedly conspired to generate fraudulent documents indicating that the school owed additional money.

They allegedly sourced a quotation dated August 24, 2024, after which Mlibazi authorised the release of US$600 to Moyo’s company for plumbing work purportedly carried out at one of the school hostels. An investigation by the School Development Committee (SDC) later revealed that no plumbing work had been done. The matter was reported to the police, leading to the arrest of the two accused.