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‘FACATA’ SCAM: FRESH CASES REPORTED, SOME SUSPECTS SPEAK

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MBABANE – Some of the people arrested for the ‘facata’ scam claimed they were sent to withdraw money from ATMs or MoMo agents, unaware they were participating in the scam.

One of them is Bongiwe Dlamini (36) of Mbadlane in the Lubombo Region. She and her four co-accused, are facing 21 counts of theft by false pretences and contravening the Money Laundering and Financing of Terrorism (Prevention) Act of 2011. She appears in 12 of the charges and the money involved is E140 115.16.

Bongiwe was arrested together with Nkosephayo Dlamini (18) of Thulwane, Ncamiso Tsabedze (26) of Malindza, Nobuhle Zwane (18) of Mbadlane and Phiwayonkhosi Gwebu (33) of Malindza. They appeared at Manzini Magistrates Court on Wednesday and were remanded in custody. Bongiwe filed an application for bail at the High Court. She was represented by Sinakekelwe Mhlanga of Mabila Attorneys. Her bail was fixed at E50 000. She was ordered to pay E8 000 in cash and the balance to be in the form of sureties. The matter was heard by Judge Sabelo Masuku, yesterday. In her application, Bongiwe informed the court that in January this year she moved to Manzini to look for employment. She said she met one Phumlani Mabuza and Nqaba Motsa, who were also looking for employment and were sharing a one-room flat at Ngwane Park.

Job

Bongiwe said they offered her a place to stay with their friend, one Nobuhle Zwane. “They introduced me to Nobuhle Zwane and she agreed to stay with me as she was also looking for job opportunities in Manzini. They then offered to teach me skills in order to be self-employed and self-sustained. “Phumlani Mabuza and Nqaba Motsa were self-employed, they were builders and ran a spaza shop in the area. Nobuhle Zwane would braid hair and do several beauty techniques and would also supply salons with different beauty products. They would take me with them and I would help where I could and they would remunerate me,” she narrated. She pointed out that during that period, anyone of them would, on several occasions, send her to withdraw Unayo vouchers from Standard Bank ATMs as they were busy focusing on their businesses.

“I would withdraw money on the strength that it was their money and I became used to doing these favours for them as they had also helped me stand on my feet. “At all material times, I laboured under the belief that the money belonged to them and that their clients were paying them for the work they had done for them. I was just assisting them as they often sent me when they were busy and couldn’t do these errands themselves. “I believed that I was withdrawing payments as I had been working with them for a few weeks and had seen that they all had many clients,” she submitted. Bongiwe said she was surprised when she was arrested by the police, who told her that they had video footage of her at Standard Bank ATMs.

She said, if she had known that what she was doing was a crime; she would have refused to withdraw the money on their behalf. “This is a clear demonstration that I was not aware that my actions amounted to a criminal offence. I must bring it to the attention of the court that I did not intentionally commit any offence or benefitted from the said offences.”

Bail

She argued that it would not be in the interest of justice to deny her bail and to allow her detention to continue. She said there was no likelihood that if she is released on bail, she may endanger the safety of the public or any particular person or may commit an offence listed in Part II of the First Schedule. The accused also said there is no likelihood that if released on bail she may attempt to evade trial, as she is firmly rooted in the Kingdom of Eswatini, without any other citizenship. Phumlani Mabuza also told the court that he was sent to withdraw Unayo vouchers by a colleague who was injured and unable to walk on his own. He said he was surprised when the police arrested him for the theft of various amounts of money totalling E31 520. Mabuza was earlier in the week released on bail.

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