Acting headmaster found guilty of fraud

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 that was never carried out.

The two appeared before Bulawayo provincial magistrate Richard Ramaboea on Monday and were remanded in custody to today for sentencing.

In his ruling, Magistrate Ramaboea said Mlibazi deliberately flouted tender procedures by handpicking his friend, Moyo, and conspiring with him to defraud the school. He found that the accused authorised payment for services that were never rendered.

"Accused one 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," the magistrate said. "You were acting on behalf of yourself, and he admitted that he authorised payment for services not done."

The court was equally dismissive of Moyo's defence, describing it as incoherent and unconvincing. The magistrate noted that Moyo initially testified in English before being asked to switch to IsiNdebele, but said his explanation remained unclear and appeared dishonest.

"The defence of accused two was meaningless. One could tell that it was a lie. Both accused persons have been found guilty," ruled Ramaboea.

In mitigation, defence lawyer Byron Sengweni of Sengweni Legal Practice submitted that both men were first-time offenders, married, and sole breadwinners for their families. He argued that they had not benefited from the offence, claiming the school owed them more than US$4 000, and said they were willing to restitute the US$600. Sengweni urged the court to consider a non-custodial sentence.

Prosecutor Joseph Rugara opposed leniency, stressing that Mlibazi occupied a position of trust as a school administrator and had abused that office. He told the court that fraud was a serious offence and warned that a fine or community service would trivialise the crime.

"Mlibazi is still employed at Founders High School, while Moyo remains the director of his company. The chances of re-offending are high, and they may conspire again," Rugara said, adding that a custodial sentence was necessary to deter similar conduct and protect society.

During the trial, Moyo admitted under oath that he received payment for plumbing work he never carried out.

The court heard that in August last year, Founders High School earned about US$16 000 from hosting guests of the Confederation of School Sports Associations of Southern Africa (Cossasa), providing accommodation and meals during a tournament. After covering tournament-related expenses, the remaining funds were banked.

However, a few days later, Mlibazi and Moyo allegedly conspired to create fraudulent documents suggesting the school owed additional money. A quotation dated August 24, 2024, was produced, after which Mlibazi authorised the release of US$600 to Moyo's company for plumbing work purportedly done at one of the school hostels.

An investigation by the School Development Committee later revealed that no such work had been carried out. The matter was reported to the police, leading to the arrest and subsequent conviction of the two accused.