ACCIDENT SURVIVOR: I LOST E500K TO BOGUS SCHEME

MBABANE – A woman claims she was swindled E500 000 through a fictitious investment scheme.

The E500 000 was part of a substantial amount of money that was paid to her by the Road Accident Fund (RAF). RAF provides compulsory cover to all users of South African roads, citizens and foreigners, against injuries sustained or death arising from accidents involving motor vehicles within the borders of South Africa. The payment to Tsakatsile Queeneth Mamba, who is a former employee of Eswatini Posts and Telecommunications Corporation (EPTC), was paid by RAF after she was involved in a road traffic accident in the neighbouring country. She alleged that she was swindled the money by three individuals, who enticed her to invest part of the money in an alleged investment scheme, trading as Black Women’s Diary, wherein they were directors. After unsuccessful engagements with the directors of the alleged investment scheme to reimburse her, Mamba has decided to seek legal recourse.

Summons

Defendants in the matter are Ntombi Hypencia Nhlengetfwa, Norman Mayibongwe Maseko, Winile Wendy Mdluli, Ingcebo Savings and Credit Cooperative Society, the commissioner of cooperative societies and the attorney general.  In her combined summons filed at the High Court, Mamba stated that Nhlengetfwa, Maseko and Mdluli had been cited in their personal capacities and as directors of Black Women’s Diary. According to the plaintiff (Mamba), the trio was purportedly responsible for orchestrating the plan to swindle her. She narrated to the court that in May 2022, around Manzini, Nhlengetfwa informed her that Ingcebo Savings and Credit Cooperative Society was an investment entity that could assist her in investing her money for good returns. She brought it to the court’s attention that during the negotiations, Nhlengetfwa told her that she would, in the process, earn interest at the rate in percentages as agreed between the parties on the invested amount, which was to be payable into her (plaintiff) bank account.

Account

Mamba alleged that Nhlengetfwa also told her that the investment scheme would thereafter pay back and/or credit her (Mamba) bank account with the capital/lump sum she invested within a period of six months. She submitted that Nhlengetfwa further impressed upon her that this was a viable business investment, which would take care of her needs on account of her state of health. These are allegations whose veracity is still to be tested and the defendants are yet to file their papers in the event they are disputing the claim against them. “The representation by the first defendant (Nhlengetfwa) was material and was made with the intention of inducing me to enter into an agreement/contract with the fifth defendant (Ingcebo Savings and Credit Cooperative Society) in respect of me investing my money, which I had been paid by the Road Accident Funds,” submitted Mamba.

She alleged that Nhlengetfwa was aware that the money that was to be paid to her (Mamba) by RAF was a substantial amount. She averred that, following the negotiations, the parties entered into a written agreement, by way of an application, in which she was to invest her monies with the fifth defendant for a certain specified period and in return get interest. Mamba highlighted that the material terms of the agreement, was that upon acceptance of her application, she would become a member of the fifth defendant, until the investment elapsed without any renewal. “As per the agreement, I was to receive interest as per the rate in percentages signed in the application form. The monthly interest was to be credited monthly on the last day of every month into my bank account,” submitted the plaintiff.

Mamba mentioned that on the strength of the representation made by the trio (Nhlengetfwa, Maseko and Mdluli), on May 16, 2022, she made an online banking transfer of a total amount of E100 000 into the fifth defendant’s purported bank account. “Furthermore, on or about June 1, 2022, and on the strength of the aforesaid representation, I deposited a sum of E400 000 into the fifth defendant’s bank account as investment,” contended Mamba.  She pointed out that the purported agreement between her and the defendants was to be for a period of six months and had now lapsed, but the defendants had failed to transfer the amount of E500 000 to her. She stated that at the time of the negotiations, Nhlengetfwa allegedly knew that the fifth defendant was their alter ego with Mdluli and Maseko.

  Contention

It was further her contention that Nhlengetfwa only brought about the alleged investment opportunity to her, as a design to allegedly defraud her money that was paid to her by RAF as a result of serious injuries she sustained.  She argued that Nhlengetfwa allegedly knew that she would not invest the money on her behalf, but same would allegedly be shared among the three of them, utilising Black Women’s Diary. According to the plaintiff, the second and third defendants (Maseko and Mdluli) were at all material times aware of the falsity of the representation made by Nhlengetfwa, which was allegedly intended to induce her into transferring the money to the three of them, through the purported bank account.  It was also her averment that the defendants had a duty to inform her that the representation that was previously made by Nhlengetfwa was false.  She argued that despite this duty, the defendants, with intent to defraud her, did not inform her at all about the falsity of the representation made to her by Nhlengetfwa.

Siphoned

“As a result of this false representation made by the defendants, I suffered damages in the sum of E500 000, being an amount which was siphoned illegally by the defendants from my bank account, through the false representation made by the Nhlengetfwa,” she argued. The plaintiff told the court that despite several demands to the defendants, they allegedly refused and/or neglected to pay her the sum of E500 000, which was now due and payable to her. The matter is still pending in court and appearing for the plaintiff is Linda Dlamini of Linda Dlamini and Associates.

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