adminPatrick Chitumba Senior Court Reporter
THE $24,000 fraud case involving Elizabeth Nyathi, the headmistress of Amaswazi Primary School in Bulawayo’s Luveve suburb, has taken a new twist with an internal auditor testifying that he was unsure if the accused indeed stole the money.Nyathi, 57, of 3956, Luveve and wife to prominent historian and author, Pathisa Nyathi, appeared before magistrate Gladmore Mushove at the Tredgold Magistrate’s Court for the continuation of her trial.
The Amaswazi Primary School headmistress is being charged with two counts of theft of trust property, charges she is denying.
The State led by Kudakwashe Jaravaza on Thursday called the internal auditor Tshwasile Nyoni who under cross examination could not say that Nyathi committed the alleged crime.
“No, I can’t say it’s her. She could have failed to control the accounts,” said the witness.
So far two witnesses have testified and the trial continues on May 3.
The prosecutor said Nyathi joined the school in September 2009 as headmistress and her duties included among others receipting and banking, withdrawing payments and proper administration of the school’s tuition and general purpose fund.
Between February 28 and March 22 last year, the court heard, an internal audit was conducted by the then Ministry of Education, Sport, Arts and Culture and Nyathi failed to produce supporting books, receipts or documents to show how she utilised $7,885 in tuition fees.
She was also alleged to have failed to account for $6,078 cash left over from withdrawn amounts for payments to service providers and $3,266 from the general purpose fund.
On the second count, the prosecutor said Nyathi introduced and enforced the roles of the Statutory Instrument for Private Schools Development Committees, thereby declaring herself as the chief accounting officer, becoming signatory to the school development account in the process.
According to the Education Statutory Instrument 379 of 1998, Nyathi had no right to be the administrator of the SDA funds.
Auditors said Nyathi failed to produce receipts or documents to show how $7,845,70 that was withdrawn from school coffers was utilised. After the audit exercise the matter was reported to the police leading to her arrest.
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