Ex-employee must pay back N$530 000 scammed from NSFAF
A former worker of the Namibia College students Monetary Help Fund (NSFAF) devised a scheme to channel near N$530 000 from a NSFAF account into financial institution accounts of somebody not eligible to obtain monetary help from the fund.
This was one of many findings made in a judgement that choose Boas Usiku delivered within the Windhoek Excessive Courtroom on Friday.
Usiku granted a judgement for the fee of N$529 250 in favour of the NSFAF towards a former worker of the fund, Tomas Konghola.
He additionally ordered that Konghola pay curiosity at an annual charge of 20% on the quantity of N$529 250 till that quantity has been paid to the NSFAF, and may pay the fund’s authorized prices within the case heard within the Excessive Courtroom.
The judgement was given in a civil declare the fund filed towards Konghola in July 2021.
Konghola was employed by the fund from November 2014 till March 2021, when he resigned whereas dealing with disciplinary proceedings.
Earlier than his resignation, he had been suspended in October 2020 from his place as a funds officer, whereas the fund was investigating funds made by the fund and wherein Konghola had been concerned.
Usiku recounted in his judgement that proof positioned earlier than him reveals from October 2016 to April 2019 a complete quantity of N$529 250 had been paid by the NSFAF to accounts within the identify of 1 Nelson Sheefeni.
The funds had been ready by Konghola and authorised by different, extra senior workers of the fund.
The uncontested proof of two NSFAF workers who testified earlier than him was that Sheefeni was not a legitimately funded pupil of the fund and was due to this fact not eligible to obtain any monetary help from it, Usiku recorded in his judgement.
He additionally famous that fee requisition paperwork ready by Konghola represented Sheefeni as being a legitimately funded pupil of the NSFAF, finding out on the Worldwide College of Administration in Windhoek, however having totally different pupil numbers, finding out totally different programs and with totally different identification card numbers.
Different fee requisition types ready by Konghola mirrored the names and particulars of legitimately funded college students of the NSFAF, but in addition contained the checking account particulars of Sheefeni.
Usiku remarked: “From the proof on document, it’s obvious that it’s not a coincidence that the aforesaid requisition paperwork had been ready in the best way that [Konghola] ready them.”
He added that he accepted the proof of two witnesses confirmed Konghola “devised that scheme and was instrumental at each stage of its improvement with a view to make sure that cash from the checking account of the plaintiff [the NSFAF] is channelled into the accounts of Nelson Sheefeni”.
Usiku additionally stated he accepted that the proof earlier than him pointed “overwhelmingly” to the truth that Konghola was in any respect materials instances conscious he was making false representations to the fund with the fee requisition paperwork he ready and that he supposed that the fund ought to act on these false representations.
Konghola’s “blunt denials” that he didn’t know the representations had been false and that he merely relied on data offered to him are rejected as false, Usiku stated.
He continued that there was additionally uncontested proof from a witness that through the time of his employment on the fund, funds Konghola obtained in his financial institution accounts exceeded his earnings from the NSFAF by about N$2,56 million.
Konghola instructed the courtroom that aside from his employment on the fund, he was promoting second-hand vehicles and working a bar, from which he earned additional earnings.
He didn’t declare his additional earnings to the fund as a result of his non-public enterprise ventures weren’t registered, he stated.
On this subject, Usiku stated it was obvious that whereas employed by the fund, Konghola “was in a position to obtain huge sums of cash with none identified reliable further supply of earnings”.
The NSFAF was represented by lawyer Francois Bangamwabo through the listening to of the case.
Mbanga Siyomunji represented Konghola.
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