Arrested Principal slapped with 26 counts

NHLANGANO- Memory Ndwandwe, the Principal arrested for allegedly defrauding Franson Christian High School over E300 000 OVC money is facing 26 charges of theft and corruption.

The principal’s accomplice, Emmanuel Ginindza (35) of Mahlanya, is facing six counts of theft and corruption.
The two alleged fraud suspects appeared yesterday before Magistrate Musa Nxumalo who remanded them back into custody until November 26, pending setting of the trial date.
Lawyer Mandla Mkhwanazi appeared on behalf of the fraud suspects whilst the crown was represented by prosecutor Mandla Dlamini.

Magistrate Musa Nxumalo advised the fraud suspects to move their bail application at the High Court.
Ndwandwe is also chairperson of the Shiselweni Principal’s Association.  
Teachers from schools around the region and members of the Swaziland Principal’s Association were also present in court.
Amongst those present in court was Charles Bennett, Chairperson of the Swaziland National Principals Association.
Ndwandwe and Ginindza arrived at the Magistrate Court in a police kombi and were escorted inside the court by police officers under Lukhozi.
The principal, wearing a black jacket, looked calm and greeted the teachers on arrival at the court.

The 26 counts listed below:

COUNT ONE:

Accused one and two are both charged with the crime of theft.
In that whereas at all relevant times, the said accused one was employed by the TSC of the government of Swaziland under the Ministry of Education as Head Teacher of Franson Christian High School and was as such a servant or agent of the said government of Swaziland under the Ministry of Education and entrusted with the custody and care of money which belonged to his employer or which came into his possession on accounts of the said employer, while accused number two was employed as a Computer Teacher by Franson Christian High School, the said accused each or both of them acting in furtherance of a common purpose did during the period of October 30, 2006 to August 30, 2009 unlawfully and intentionally steal a sum of E65 689 from account number 0140030588103 held with Standard Bank Nhlangano branch, hence creating a general deficiency of E65 689 the property in the lawful possession of the said Franson Christian High School.     

COUNT TWO:

Accused one and two are both charged with the crime of theft.
Whereas at all relevant times, the said accused one was employed by the TSC of the government of Swaziland under the Ministry of Education as Head Teacher of Franson Christian High School and was as such a servant or agent of the said government of Swaziland under the Ministry of Education and entrusted with the custody and care of money which belonged to his employer or which came into his possession on accounts of the said employer, while accused number two was employed as a Computer Teacher by Franson Christian High School, the said accused each or both of them acting in furtherance of a common purpose did on the June 5, 2006 unlawfully and intentionally steal a sum of E98 000 from account number 0140030588103 held with Standard Bank Nhlangano branch hence creating a general deficiency of E98 000 the property in the lawful possession of the said Franson Christian High School.     

COUNT THREE:

Accused one and two are both charged with the crime of theft.
In that whereas at all relevant times, the said accused one was employed by the TSC of the government of Swaziland under the Ministry of Education as Head Teacher of Franson Christian High School and was as such a servant or agent of the said government of Swaziland under the Ministry of Education and entrusted with the custody and care of money which belonged to his employer or which came into his possession on accounts of the said employer, while accused number two was employed as a Computer Teacher by Franson Christian High School, the said accused each or both of them acting in furtherance of a common purpose did during the period of the year 2008 unlawfully and intentionally steal a sum of E9 636 from account number 0140030588103 held with Standard Bank Nhlangano branch hence creating a general deficiency of E9 636 the property in the lawful possession of the said Franson Christian High School.  
   
COUNT FOUR:

Accused one and two are charged with the offence of contravening section 27 (1) of the Prevention of Corruption Act, 2006 as read with section 35 (1) .
In that upon or between the period March 12, 2008 and September 16, 2008, all dates inclusive, at or near Franson Christian High School (Mhlosheni area) in the Shiselweni region, the said accused number one being an employee (Head Teacher) of a public body (Franson Christian High School) and the said accused two being a member (Computer teacher/ support staff), did wrongfully, unlawfully and knowingly dealt with Jem Ultra Technology in which both accused are members of the said association by purchasing computer accessories totaling to E112 575.45 in which by law both accused were supposed to disclose their interest and both accused failed to disclose it thus both accused are guilty of the crime of corruption.

COUNT FIVE:

Accused number one is charged with the crime of theft.
In that, whereas at all relevant times, the said accused was employed by the TSC of the government of Swaziland under the Ministry of Education as the Head Teacher of Franson Christian High School and was as such a servant or agent of the said government of Swaziland under the Ministry of Education and entrusted with the custody and care of money which belonged to his said employer or which money came into his possession on account of the said employer, the said accused on the April 4, 2009 and at or near Standard Bank Nhlangano Branch did unlawfully and intentionally steal a sum E13 380 from account number 0140030588103 held with Standard Bank Nhlangano branch, thereby creating a general deficiency of E13 880 the property or in the lawful possession of the said Franson Christian High School.

COUNT SIX:

Accused number one is charged with the crime of theft.
In that, whereas at all relevant times, the said accused was employed by the TSC of the government of Swaziland under the Ministry of Education as the Head Teacher of Franson Christian High School and was as such a servant or agent of the said government of Swaziland under the Ministry of Education and entrusted with the custody and care of money which belonged to his said employer or which money came into his possession on account of the said employer, the said accused did on the January 21, 2008 and at or near Standard Bank Nhlangano in the Shiselweni region did unlawfully and intentionally steal a sum E12 500 from account number 0140030588103 held at with Standard Bank Nhlangano branch, thereby creating a general deficiency of E12 500 the property or in the lawful possession of the said Franson Christian High School.

COUNT SEVEN:

Accused number one is charged with the crime of theft.
In that, whereas at all relevant times, the said accused was employed by the TSC of the government of Swaziland under the Ministry of Education as the Head Teacher of Franson Christian High School and was as such a servant or agent of the said government of Swaziland under the Ministry of Education and entrusted with the custody and care of money which belonged to his said employer or which money came into his possession on account of the said employer, the said accused did on the January 25, 2008 and at or near Standard Bank Nhlangano in the Shiselweni region did unlawfully and intentionally steal a sum E12 250 from account number 0140030588103 held with Standard Bank Nhlangano branch, thereby creating a general deficiency of E12 250 the property or in the lawful possession of the said Franson Christian High School.

COUNT EIGHT:

Accused number one is charged with the crime of theft.
In that, whereas at all relevant times, the said accused was employed by the TSC of the government of Swaziland under the Ministry of Education as the Head Teacher of Franson Christian High School and was as such a servant or agent of the said government of Swaziland under the Ministry of Education and entrusted with the custody and care of money which belonged to his said employer or which money came into his possession on account of the said employer, the said accused did on the May 28, 2007 and at or near Standard Bank Nhlangano in the Shiselweni region did unlawfully and intentionally steal a sum E8 118.25 from account number 0140030588103 held with Standard Bank Nhlangano branch, thereby creating a general deficiency of E8 118.25 the property or in the lawful possession of the said Franson Christian High School.

COUNT NINE:

Accused number one is charged with the crime of theft.
In that, whereas at all relevant times, the said accused was employed by the TSC of the government of Swaziland under the Ministry of Education as the Head Teacher of Franson Christian High School and was as such a servant or agent of the said government of Swaziland under the Ministry of Education and entrusted with the custody and care of money which belonged to his said employer or which money came into his possession on account of the said employer, the said accused did on the July 3, 2007 and at or near Standard Bank Nhlangano in the Shiselweni region did unlawfully and intentionally steal a sum E4 679 from account number 0140030588103 held at with Standard Bank Nhlangano branch, thereby creating a general deficiency of E4 679 the property or in the lawful possession of the said Franson Christian High School.

COUNT TEN:

Accused number one is charged with the crime of theft.
In that, whereas at all relevant times, the said accused was employed by the TSC of the government of Swaziland under the Ministry of Education as the Head Teacher of Franson Christian High School and was as such a servant or agent of the said government of Swaziland under the Ministry of Education and entrusted with the custody and care of money which belonged to his said employer or which money came into his possession on account of the said employer, the said accused did on the November 26, 2006 and at or near Standard Bank Nhlangano in the Shiselweni region did unlawfully and intentionally steal a sum E15 300 from account number 0140030588103 held at with Standard Bank Nhlangano branch, thereby creating a general deficiency of E15 300 the property or in the lawful possession of the said Franson Christian High School.

COUNT 11:

Accused number one is charged with the crime of theft.
In that, whereas at all relevant times, the said accused was employed by the TSC of the government of Swaziland under the Ministry of Education as the Head Teacher of Franson Christian High School and was as such a servant or agent of the said government of Swaziland under the Ministry of Education and entrusted with the custody and care of money which belonged to his said employer or which money came into his possession on account of the said employer, the said accused did on the November 24, 2005 and at or near Nhlangano town in the Shiselweni region did unlawfully and intentionally steal some of the said money amounting or totaling to E13 560 from account number 0140030588103 held with Standard Bank Nhlangano branch, thereby creating a general deficiency of E13 560 the property or in the lawful possession of the said Franson Christian High School.

COUNT 12:

Accused number one is charged with the crime of theft.
In that, whereas at all relevant times, the said accused was employed by the TSC of the government of Swaziland under the Ministry of Education as the Head Teacher of Franson Christian High School and was as such a servant or agent of the said government of Swaziland under the Ministry of Education and entrusted with the custody and care of money which belonged to his said employer or which money came into his possession on account of the said employer, the said accused did on February 27, 2006 and at or near Nhlangano town in the Shiselweni region did unlawfully and intentionally steal some of the said money amounting or totalling to E7 850 from account number 0140030588103 held with Standard Bank Nhlangano branch, thereby creating a general deficiency of E7 850 the property or in the lawful possession of the said Franson Christian High School.

COUNT 13:

Accused number one is charged with the crime of theft.
In that, whereas at all relevant times, the said accused was employed by the TSC of the government of Swaziland under the Ministry of Education as the Head Teacher of Franson Christian High School and was as such a servant or agent of the said government of Swaziland under the Ministry of Education and entrusted with the custody and care of money which belonged to his said employer or which money came into his possession on account of the said employer, the said accused did on May 29, 2006 and at or near Nhlangano town in the Shiselweni region did unlawfully and intentionally steal some of the said money amounting or totaling to E12 350 from account number 0140030588103 held with Standard Bank Nhlangano branch, thereby creating a general deficiency of E12 350 the property or in the lawful possession of the said Franson Christian High School.

COUNT 14:

Accused number one is charged with the crime of theft.
In that whereas at all relevant times, the said accused was employed by the TSC of the government of Swaziland under the ministry of education as the Head Teacher of Franson Christian High School and was as such a servant or agent of the said government of Swaziland under the ministry of education and entrusted with the custody and care of money which belonged to his said employer or which money came into his possession on account of the said employer, the said accused did on June 15, 2006 and at or near Nhlangano town in the Shiselweni region did unlawfully and intentionally steal some of the said money amounting or totaling to E5 350 from account number 0140030588103 held with Standard Bank Nhlangano branch, thereby creating a general deficiency of E5 350 the property or in the lawful possession of the said Franson Christian High School.

COUNT 15:

Accused number one is charged with the crime of theft.
In that whereas at all relevant times, the said accused was employed by the TSC of the government of Swaziland under the Ministry of Education as the Head Teacher of Franson Christian High School and was as such a servant or agent of the said government of Swaziland under the Ministry of Education and entrusted with the custody and care of money which belonged to his said employer or which money came into his possession on account of the said employer, the said accused did on January 29, 2009 and at or near Nhlangano town in the Shiselweni region did unlawfully and intentionally steal some of the said money amounting or totaling to E30 100 from account number 0140030588103 held with Standard Bank Nhlangano branch, thereby creating a general deficiency of E30 100 the property or in the lawful possession of the said Franson Christian High School.

COUNT 16:

Accused number one is charged with the crime of theft.
In that whereas at all relevant times, the said accused was employed by the TSC of the government of Swaziland under the Ministry of Education as the Head Teacher of Franson Christian High School and was as such a servant or agent of the said government of Swaziland under the Ministry of Education and entrusted with the custody and care of money which belonged to his said employer or which money came into his possession on account of the said employer, the said accused did on October 7, 2005 and at or near Nhlangano town in the Shiselweni region did unlawfully and intentionally steal some of the said money amounting or totaling to E20 000 from account number 0140030588103 held with Standard Bank Nhlangano branch, thereby creating a general deficiency of E20 000 the property or in the lawful possession of the said Franson Christian High School.

COUNT 17:

Accused number one is charged with the crime of theft.
In that whereas at all relevant times, the said accused was employed by the TSC of the government of Swaziland under the Ministry of Education as the Head Teacher of Franson Christian High School and was as such a servant or agent of the said government of Swaziland under the Ministry of Education and entrusted with the custody and care of money which belonged to his said employer or which money came into his possession on account of the said employer, the said accused did on February 23, 2005 and at or near Nhlangano town in the Shiselweni region did unlawfully and intentionally steal some of the said money amounting or totaling to E79 000 from account number 0140030588103 held with Standard Bank Nhlangano branch, thereby creating a general deficiency of E79 000 the property or in the lawful possession of the said Franson Christian High School.

COUNT 18:

Accused number one is charged with the crime of theft.
In that whereas at all relevant times, the said accused was employed by the TSC of the government of Swaziland under the Ministry of Education as the Head Teacher of Franson Christian High School and was as such a servant or agent of the said government of Swaziland under the Ministry of Education and entrusted with the custody and care of money which belonged to his said employer or which money came into his possession on account of the said employer, the said accused did on February 20, 2007 and at or near Nhlangano town in the Shiselweni region did unlawfully and intentionally steal some of the said money amounting or totaling to E44 560 from account number 0140030588103 held with Standard Bank Nhlangano branch, thereby creating a general deficiency of E44 560 the property or in the lawful possession of the said Franson Christian High School.

COUNT 19:

Accused number one is charged with the crime of theft.
In that whereas at all relevant times, the said accused was employed by the TSC of the government of Swaziland under the Ministry of Education as the Head Teacher of Franson Christian High School and was as such a servant or agent of the said government of Swaziland under the Ministry of Education and entrusted with the custody and care of money which belonged to his said employer or which money came into his possession on account of the said employer, the said accused did on June 7, 2007 and at or near Nhlangano town in the Shiselweni region did unlawfully and intentionally steal some of the said money amounting or totaling to E13 688 from account number 0140030588103 held with Standard Bank Nhlangano branch, thereby creating a general deficiency of E13 688 the property or in the lawful possession of the said Franson Christian High School.

COUNT 20:

Accused number one is charged with the crime of theft.
In that whereas at all relevant times, the said accused was employed by the TSC of the government of Swaziland under the Ministry of Education as the Head Teacher of Franson Christian High School and was as such a servant or agent of the said government of Swaziland under the Ministry of Education and entrusted with the custody and care of money which belonged to his said employer or which money came into his possession on account of the said employer, the said accused did on September 26, 2008 and at or near Nhlangano town in the Shiselweni region did unlawfully and intentionally steal some of the said money amounting or totaling to E17 139 from account number 0140030588103 held with Standard Bank Nhlangano branch, thereby creating a general deficiency of E17 139 the property or in the lawful possession of the said Franson Christian High School.

COUNT 21:

Accused number one is charged with the crime of theft.
In that, whereas at all relevant times, the said accused was employed by the TSC of the government of Swaziland under the Ministry of Education as the Head Teacher of Franson Christian High School and was as such a servant or agent of the said government of Swaziland under the Ministry of Education and entrusted with the custody and care of money which belonged to his said employer or which money came into his possession on account of the said employer, the said accused did on July 28, 2005 to 20th September 2008 and at or near Nhlangano town in the Shiselweni region did unlawfully and intentionally steal some of the said money amounting or totaling to E30 000 from account number 0140030588103 held with Standard Bank Nhlangano branch, thereby creating a general deficiency of E30 000 the property or in the lawful possession of the said Franson Christian High School.

COUNT 22:

Accused number one is charged with the crime of theft.
In that, whereas at all relevant times, the said accused was employed by the TSC of the government of Swaziland under the Ministry of Education as the Head Teacher of Franson Christian High School and was as such a servant or agent of the said government of Swaziland under the Ministry of Education and entrusted with the custody and care of money which belonged to his said employer or which money came into his possession on account of the said employer, the said accused did on February 12, 2008 and at or near Nhlangano town in the Shiselweni region did unlawfully and intentionally steal some of the said money amounting or totaling to E14 000 from account number 0140030588103 held with Standard Bank Nhlangano branch, thereby creating a general deficiency of E14 000 the property or in the lawful possession of the said Franson Christian High School.

COUNT 23:

Accused number one is charged with the offence of contravening section 27 (1) of the prevention of corruption Act, 2006 as read with section 35 (1) of the prevention of corruption Act 2006.
In that upon or about January 29, 2009, at or near Franson Christian High School Mhlosheni area in the Shiselweni region, the said accused being an employee (Head Teacher) of a public body (Franson Christian High School) did wrongfully, unlawfully and knowingly dealt with Jamils Association in which the said accused is a member of the said Association by purchasing and paying for undisclosed commodities totaling E30 100 in which by law the accused was suppose to disclose his interest and the accused failed to disclose it thus the accused is guilty of the crime of corruption.

COUNT 24:

Accused number one is charged with the offence of contravening section 27 (1) of the prevention of corruption Act, 2006 as read with section 35 (1) of the prevention of corruption Act 2006.
In that upon or about February 12, 2008 and July 16, 2008, all dates inclusive, at or near Franson Christian High School Mhlosheni area in the Shiselweni region, the said accused being n employee (Head Teacher) of a public body (Franson Christian High School) did wrongfully, unlawfully and knowingly dealt with immediate members of his family in his capacity as Head Teacher of a public body by purchasing and paying for commodities totaling E25 500 in which by law the accused was suppose to disclose his interest and the accused failed to disclose it thus the accused is guilty of the crime of corruption.

COUNT 25:

Accused number two is charged with the crime of theft.
In that whereas at all relevant times, the said accused was employed as a Computer Teacher by Franson Christian High School and as such was a servant of the said school and entrusted with care and custody of money which came into his possession on account of the said employer, the said accused on October 7, 2005 to June 5, 2006 and at or near Franson Christian High School in the Shiselweni region did unlawfully and intentionally steal a sum of E14 274.94 in cash thereby creating a general deficiency of E14 274.94 the property of or in the lawful possession of the said Franson Christian High School.

COUNT 26:

Accused number two is charged with the offence of contravening section 27 (1) of the prevention of corruption Act, 2006 as read with section 35 (1) of the prevention of corruption Act 2006.
In that upon or about February 20, 2007 and March 7, 2008, all dates inclusive, at or near Franson Christian High School Mhlosheni area in the Shiselweni region, the said accused being a member (Computer teacher/ support staff) of a public body (Franson Christian High School) did wrongfully, unlawfully and knowingly dealt with SLEG Entrepreneur in which the accused is a Director of the said company by selling and receiving payments totaling E73 621 in respect of Computer accessories in which by law the accused was suppose to disclose his interest and the accused failed to disclose it thus the accused is guilty of the crime of corruption.