FNB wants E2m from ex-employees

MBABANE - First National Bank Swaziland wants three former employees to pay back a sum of over E2 million which they allegedly defrauded from the bank.

The three former employees are Nhlakanipho Sukhuzwayo Khu-malo, Walter ‘Berger’ Nxumalo and Sikhumbuzo Jacquin Zwane who were employed by the bank at Matsapha branch.

Khumalo and Nxumalo were employed as Customer Service Consultants while Zwane was the Branch Administrator. They were charged for allegedly misappropriating a sum of E2 065 531.51 from the bank for their personal gains.

Khumalo was hauled before a disciplinary hearing and was found guilty of allegedly misappropriating the bank’s funds. Nxumalo and Zwane, according to the application before court, unceremoniously resigned during the investigation into the alleged misappropriation of the said funds.

The bank has since filed an application at the High Court where it alleges that the former employees have in their possession documents which relate to the above matter. The bank wants the three to produce the documents which they allegedly have.

In his discovery affidavit dated February 11, 2011, Khumalo objects to producing the said documents on the ground that they are privileged.

"I have in my possession or power documents relating to the matter in question in this suit, set forth in the First and Second Schedule hereto. I object to producing the said documents set in the First and Second Schedule hereto on the ground that same are privileged," claims Khumalo.

Nxumalo and Zwane also object to producing the said documents on the grounds that, on top of the documents being privileged, they do not have them.

"According to the best of my knowledge and belief, I do not know and never had in my possession, custody or power, or in the possession, custody or power of my attorney or agent or any other person on my behalf, any documents relating to the matters in question in the case. Other than and except the documents set in the First and Second Schedule," Nxumalo and Zwane said in their similar discovery affidavits also dated February 11.

According to the application before court, the three former employees are alleged to have diverted monies which were due to the bank to various accounts instead of directing it to the bank’s account.

They are alleged to have then withdrawn the monies which had been deposited into those various accounts through the automatic teller machines (ATMs) with the intention of unlawfully depriving the bank of the said amounts permanently.

All these have to be paid at the rate of nine per cent per annum.

The matter is pending at the High Court.

　

　

　

The bank is represented by Currie & Sibandze whilst the defendants are represented by Mabila Attorneys.

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