Home | News | MAKHUBU FACES JAIL FOR E316 000 OUTSTANDING FINE

MAKHUBU FACES JAIL FOR E316 000 OUTSTANDING FINE

20/10/2018 01:02:00 BY MBONGISENI NDZIMANDZE

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MBABANE – Yesterday marked the end of freedom for former Mhlatane High School Head teacher Simeon Makhubu.

This comes after Judge Mbutfo Mamba issued a warrant of arrest against him.
The warrant of arrest comes after Makhubu failed to pay in full the fine of E474 000 as ordered by the court.

Out of the fine, which the court had ordered him to pay over a period of six months in instalments of E79 000, Makhubu only paid E158 000. The outstanding balance is E316 000.

The E158 000 he paid only catered for approximately two years and two months of his 19 years and nine months sentence. The issuance of the warrant follows an application by Principal Crown Counsel Macebo Nxumalo yesterday.

balance

The judge ordered that Makhubu should be lodged in prison to serve the balance of the sentence that was meted out to him by the court
According to a notice of setdown that was filed by the Crown, Makhubu has failed to abide by the court order to pay the sum of E474 000 by September 2018.
When sentencing Makhubu in February this year, the court stated that in the event he failed to pay the entire fine by September 2018, he would serve a sentence of 19 years and nine months for contravening 79 counts under the Prevention of Corruption Act and committing one offence of theft.

On March 16, he paid an amount of E79 000. He paid a similar amount on May 4. The balance which he ought to have settled on or before September 9, 2018 is E316 000.

Judge Mamba ordered Makhubu to pay the fine in instalments of E79 000 each month. When passing the sentence, Judge Mamba said he hoped Makhubu would learn from the sentence.

The court found Makhubu guilty of defrauding Mhalatane High School a sum of E1.7 million.
He told the court that he did not benefit from the money because he gave it to the now deceased Sijabu Temnkitsi Dlamini, who claimed to have been sent by an inkhosikati.

His then co-accused, Qhawe Nxumalo and Comfort Hlophe, were acquitted and discharged.
The court found the former Mhlatane High School head teacher guilty Contravening the Section 24 (1) and (2) of The Prevention of Corruption Act 3 of 2006. He defrauded his former school a sum of E1 745 250. None of this money has been paid back to the school.

deceased

Makhubu gave this money to a woman who is now deceased, Sijabu Temnkitsi Dlamini. She allegedly deceived him that the money was borrowed by an Inkhosikati who would pay it back.

In his judgment, Judge Mamba said it was clear that Makhubu (58) lied in his evidence when he said he believed that the money would be repaid to the school or that there was any undertaking to pay it back.

Makhubu testified that as a Swazi, he could not say no to instructions from royalty meaning that he was compelled to make the payments.
“Even for the moment that the first accused (Makhubu) honestly believed that he was acting on superior orders, these orders were manifestly unlawful, outrageous and most unreasonable. No one is expected to obey orders from whatever quarter – that are unlawful and grossly unreasonable,” the judge said.

Makhubu admitted that he made payments to Temnkitsi and that he did so because he believed that she had been instructed by a person he thought was an inkhosikati.

The judge considered that the monies were taken from the school coffers and not used for purposes meant to benefit the school. Temnkitsi, according to the judge, did not give Makhubu any receipts for the money he gave her.
“This, in my judgment clearly shows that the first accused is lying in his evidence that he believed that the money would be repaid to the school.”

Judge Mamba further said it was also significant to observe that Makhubu failed to tell the court which law or Swazi Customary law obliged him to obey the orders of the said inkhosikati, if indeed the instruction came from a genuine inkhosikati. Makhubu himself conceded that as a Swazi male, it was improper for him to speak privately with an inkhosikati.

warnings

The judge mentioned that no inkhosikati was involved in the scam and added that Makhubu continued to give out money belonging to the school to Temnkitsi despite several warnings that the woman was a con artist or a fraud.