Ex-MP got E631 000 from Channel S Club'
MBABANE – The man who pocketed over E600 000 from the Channel S Club is allegedly a former Member of Parliament.
The High Court was yesterday told that Mbongiseni Malinga, former Gege Inkhundla Member of Parliament was paid the amount from money deposited by members of the Channel S Club.
This was alleged by Chairman Elphas Ngcamphalala in court when he was being cross examined by the Crown’s Advocate Francois Joubert. It was alleged that the former legislator was paid the amount in two instalments of E263 000 and E368 000 respectively. Malinga served in the eighth Parliament and was succeeded by MP Musa Kunene.
The Crown has constantly argued that Malinga had not made any contributions to the club, but such was denied by the defence. Joubert asked Ngcamphalala if he knew that there was a person who received E631 000 from the club, to which the latter responded in the affirmative. Ngcamphalala at first said he did not know the identity of the person who received the amount. However, when asked by Judge Levinsohn, he alleged it was Malinga.
When asked how it was possible for one person to receive such a huge amount, Ngcamphalala said it was possible because the Channel S Club executive product members paid E1 200.
He also claimed that there was also a multiple membership products where members could enter any amount they could afford.
"According to the records presented in court Malinga allegedly did not contribute a cent yet he got two payments of E263 000 and E386 000. Do you agree that there is something fishy?" Judge Levisohn asked Ngcamphalala.
In response Ngcamphalala said he did not believe that it was true that Malinga was paid such an amount when he had not contributed anything into the club. He said he doubted the report compiled by the Central Bank of Swaziland’s Senior Examiner Themba Busika.
Ngcamphalala said he doubted the reports because Busika could have made a mistake. He said he based his argument on the fact that Busika had said Ngcamphalala was paid only four times the E30 travelling allowances for members, when in fact he had more than four entries.
"In the way we worked, it was impossible for him to be paid without having contributed anything. Mbongiseni Malinga is a former Member of Parliament, so we did not doubt he would have made a contribution," Ngcamphalala said.
According to information gathered by this publication, Malinga is Director of Double Solutions a cash loans company and Rainbow Stationery. He is also alleged to be an owner of flats in Fairview, Manzini.
Ngcamphalala said Busika of the Central Bank of Swaziland should have contacted the members after completing his investigations to get explanations and to verify his findings. He was also asked if he knew one Thobile Malinga who, according to evidence, was allegedly paid E158 750, yet she had only contributed E460.
He said he did not know her. The case continues on June 15, 2012.
‘Qhawe may have defrauded over E18m’
MBABANE – Could the money Qhawe Mamba is alleged to have defrauded be more than E18 million?
This concern was raised by Central Bank of Swaziland Senior Examiner, Themba Busika, when leading evidence in court yesterday. Busika had been called by the Crown to give evidence on transactions that were made in the various accounts where members of the Channel S club deposited monies.
During cross-examination by defence lawyer Simanga Mamba, Busika claimed that the purpose of his investigations were for monies that were paid out through the banks. He alleged that E5.8 million was paid out to the members of the Channel S Club before the accounts were closed by the bank.
Mamba was questioning Busika on why the reports did not reveal that there were some deposits into Qhawe’s business accounts that were not from the members. He also questioned him on whether or not there was any other money paid out to the members that was not reflected in the evidence brought before court.
"This case is based on monies that were paid through the bank system. If there was cash dealt with, it means that the money he allegedly stole is more than the E17 million. From the bank accounts, we saw bulk payments, which are normally done when making salaries," Busika said.
He also said if there were people who were paid in cash, it meant they received payment from money that had never been deposited. Lawyer Mamba showed Busika a list of names of people who were allegedly paid. He said some of them were not listed in the Crown’s evidence.
Busika alleged that Nedbank Swaziland, from where they got the bank statements had explained that some people could not be identified. He claimed that he suspected that this was because they had opened their bank accounts for purposes of getting payment from the club and left them dormant therafter.
"When we asked Nedbank, we were told that the people they could not identify were those whose accounts had been left dormant for a long time, hence their identities got lost," Busika said.
Defence stopped from cross-examining Busika
MBABANE – Judge Philip Levinsohn yesterday stopped the defence from cross-examining Crown witness Themba Busika.
Busika was being cross-examined by Qhawe Mamba’s lawyer Simanga Mamba.
He was being questioned on how the Central Bank of Swa-ziland arrived at conclusions that Mamba used money for the Channel S Club members to purchase a Land Rover worth E451 000.
Lawyer Mamba said the evidence brought by the CBS revealed that Qhawe bought the Land Rover with money in his business account for Jouz Media, which was also used by the members.
He asked Busika if there were any other deposits made into the account from other services for the Channel S TV station. "How did you differentiate between money from members of the public and that for the business?" lawyer Mamba asked.
However Judge Levisohn interjected and said Busika had not been called to be cross-examined on statements he made.
Lawyer Mamba argued that he was trying to point out to the court that the Crown’s evidence was inaccurate. "I am worried because the witness (Busika) had only been called to confirm transactions," Levinsohn said.
Lawyer Mamba said Busika was a critical witness and he needed to answer the questions put forward to him. He said if the judge refused, he would be forced to recall Qhawe into the witness box. Levinsohn said Lawyer Simanga would address all concerns during arguments.
Qhawe’s judgment in July
MBABANE - Qhawe Mamba will have to wait until July 5, 2012 to know his fate in the E17 million fraud case.
Acting High Court Judge Philip Levinsohn has shifted the Judgment date from May 30, 2012 which was the initial date for the judgment.
Mamba yesterday closed his defence case, after his last witness Elphas Ngcamphalala, the Chairman of the Channel S Club committee finished leading his evidence.
The Crown, yesterday also called the Central Bank of Swaziland’s Senior Examiner Themba Busika to lead evidence in respect of transactions that were conducted in the bank accounts for the Channel S Club, Jouz Media and Ultimate Productions.
Crown Prosecutor Advocate Francois Joubert told the High Court that Busika was needed to rebut Mamba’s evidence in respect of the transactions that were conducted. He said Mamba, in his evidence, had led new information that had not been challenged. Mamba, in the case, was represented by lawyer Simanga Mamba.
The case was postponed to June 15, 2012 for closing arguments. In the meantime, the lawyers were ordered to file their heads of argument.
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