MAKHUBU ACQUITTED ON FOUR FRAUD CHARGES

MBABANE – It was a case of so near yet so far for Simeon Makhubu when he was acquitted and discharged on four of the fraud charges he was facing.

Judge Mbutfo Mamba yesterday acquitted Makhubu and his co-accused, Chawe Nxumalo, Comfort Hlophe and their companies M&Q Poultry Suppliers (Pty) Ltd and CB Office Automation on only four of the 87 charges.
This was after their representatives, Noncedo Ndlangamandla and Bongi Magagula filed applications for their acquittal and discharge on seven of the counts in terms of Section 174 (4) of the Criminal Procedure and Evidence Act of 1938.

In terms of this Act, a suspect may apply to be acquitted while the matter is ongoing when it is realised that the Crown has failed to prove its case beyond a reasonable doubt.
Ndlangamandla represents Makhubu, Nxumalo and M&Q Poultry Suppliers, while Magagula appears on behalf of Hlophe and CB Office Automation.

The defence counsels submitted that the Crown failed to prove that a sum of E150 000 was fraudulently diverted to CB Office Automation from the school. The money was allegedly paid to the company to settle a loan granted to the school by the company to pay examination fees to the Examinations Council of Swaziland because pupils failed to meet the deadline for payment.

Judge Mamba said the evidence by the Crown on this charge was not there and acquitted and discharged the suspects.
There was also a sum of E20 304 which Makhubu and Nxumalo were accused of defrauding the school by misrepresenting to Buy Cash Hardware that Makhubu, Nxumalo and M&Q Poultry Suppliers were eligible to take chicken feed from the store on credit.

On this charge, Judge Mamba said there was nothing wrong that was shown with the purchases made at Buy Cash Hardware and acquitted the suspects. The defence further submitted that the Crown failed to prove its case in respect of the alleged defrauding of E50 930 by Makhubu, Hlophe and his company, by misrepresenting to the secretary of the school that invoices from CB Office Automation were genuine and for services rendered.
According to Judge Mamba, there was no indication that the services allegedly rendered by CB Office Automation were not rendered.

“There is no evidence of any wrongdoing. Signing of documents while one is suspended is not a criminal offence known to me or the law. It could have been an administrative issue,” said the judge and acquitted the suspects.

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