Online Reporter
Danisa Masuku, Court Writer
ACTING Founders High School headmaster, Nkosana Mlibazi, and his co-accused, Lazarus Moyo, who were found guilty of defrauding the school after receiving US$600 for plumbing work they never carried out, have each been sentenced to perform 140 hours of community service.
Mlibazi and his co-accused appeared yesterday before Bulawayo Provincial Magistrate, Mr Richard Ramaboea, for sentencing. The magistrate sentenced them to eight months’ imprisonment.
Two months were suspended on condition that they do not commit a similar offence within a period of five years.
A further two months were suspended on condition that they pay a US$200 fine at the Bulawayo Magistrates’ Court and make restitution of US$600 to Founders High School on or before January 31.
The remaining four months were suspended on condition that they each perform 140 hours of community service at Nkulumane Police Station and Barbourfields Police Post, respectively.
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.
Said Mr Ramaboea: “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 rendered.”
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 language 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, Mr Byron Sengweni of Sengweni Legal Practice, argued that both accused persons were first-time offenders and are married. “They are 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,” he said.
The prosecution, represented by Mr Milton Moyo, submitted that fraud is a serious crime, and the duo conspired to defraud the school and never carried out the plumbing work.
“Students who were supposed to use the hostel, which required plumbing work, were greatly affected. Mlibazi occupies a public office and breached the trust the school had in him,” he said. “Mlibazi is still employed at Founders High School, while Moyo is still the director of his company. Therefore, the chances of reoffending are high, and they may conspire to commit another crime. Community service or a fine will trivialise the offence,” said Mr Moyo.
“They have to be jailed to send a message to like-minded people. Society needs to be protected from such people.”
During trial, Moyo admitted in court that he received payment for plumbing work he never carried out.
The prosecutor had 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.
