FINANCE OFFICER CHARGED FOR E300 0000 GOVERNMENT FRAUD

MBABANE – The CSC has charged Themba Motsa, the Principal Finance Officer in the Public Enterprise Unit (PEU) under the Ministry of Finance, for allegedly defrauding government of about E300 000.

According to the charge sheet, Motsa allegedly forged the signatures of former Principal Secretary (PS) in the Ministry of Finance, Sizakele Dlamini and the Director of PEU Busangani Mkhaliphi, on the written authority to transfer a total sum of E294 172 from the PEU Loan Guarantee Fund to different companies. When Motsa allegedly committed the purpoted unlawful act, he is said to have knew very well that the recipient companies were never contracted to the PEU for any work for the sum paid.

 He has been charged with three counts of fogery and three of fraud under the Pubic Service Act 5/2018.

“You are charged with the dishonest act of forgery in contravention of Section 49(g) of the Public Service Act 5/2018 in that at Mbabane on or about October 4, 2023, you intentionally forged the signatures of Ms Sizakele Dlamini (Principal Secretary) and Mr Busangani Mkhaliphi (Director of PEU) on the written authority to transfer a sum of E42 312.00 from the PEU Loan Guarantee Fund to Sanotha Kitchen,” reads the first charge.

Transfer

On November 2, 2025, Motsa allegedly forged the signatures of the former PS, Dlamini, and the PEU Director, Mkhaliphi, on the written authority to transfer a sum of E158 400 from the PEU Loan Guarantee Fund to Print Big.Com.
He was also charged for the dishonest act of forgery in contravention of Section 49(g) of the Public Service Act 5/2018 in that in Mbabane, on or about January 8, 2024, he allegedly intentionally forged the signatures of Dlamini and Mkhaliphi on the written authority to transfer a sum of E93 460 to Print Big.Com.

He was further charged for allegedly defrauding government the sum of E42 312 by deliberately misrepresenting to the PEU that the written authority to pay the said sum to Sanotha Kitchen was authentic, yet he reportedly knew it bore forged signatures.

He is said to have also known that Sanotha Kitchen was never contracted to the PEU for any work for the sum paid.

In another charge: “You are charged with the dishonest act of fraud in contravention of section 49(g) of the Public Service Act 5/2018 in that on or about November 2023, you did intentionally defraud government the sum of E158 400 by deliberately misrepresenting to the Public Enterprises Unit that the written authority to pay the said sum to Print Big.Com was authentic, yet you knew it bore forged signatures and while you knew that Print Big.Com was never contracted to the Public Enterprise Unit for any work for the sum paid.

Charged

“You are charged with the dishonest act of fraud in contravention of Section 49 (g) of the Public Service Act 5/2018 in that on or about January 8, 2024, you did intentionally defraud the government the sum of E93 460 by deliberately misrepresenting to the Public Enterprises Unit that the written authority to pay the said sum to Print Big.Com was authentic, yet you knew it bore forged signatures and while you knew that Print Big.Com was never contracted to the Public Enterprise Unit for any work for the sum paid.”

In a hearing held on April 30, 2024 before the Civil Service Commission (CSC), the PS in the Ministry of Finance made a recommendation for Motsa’s suspension from duty in terms of Section 58 of the Public Service Act 2018, pending the institution of disciplinary proceedings by his ministry in terms of Regulation 41 of the Civil Service Board(General) Regulations 1963.

CSC Chairman Simanga Mamba wrote to Motsa, directing him to remain on suspension from duty on full pay effective immediately, pending disciplinary proceedings against him.

Meanwhile, the CSC ruled that the disciplinary hearing of Motsa would proceed, dismissing preliminary objections raised by his legal representative.

Motsa faced allegations of misappropriating funds from the Public Enterprise Loan Guarantee Fund, leading to his suspension in May 2024. The commission convened a disciplinary hearing on February 6, 2025, where Motsa’s attorney argued that the hearing was time-barred under Section 194(4) of the Constitution Act of 2005, which stipulates a six-month limit.

He also claimed unfair duplication of charges, arguing that forgery and fraud, as alleged in the charges, were essentially the same.

Arguments

The commission, chaired by Mamba, rejected these arguments. On the issue of the time limit, the commission clarified that Section 194(4) pertains to the duration of suspensions, not the commencement of disciplinary hearings.
They pointed out that Motsa was engaged within four months of his suspension, when the Ministry of Finance requested his statement on the alleged misconduct.

The commission distinguished Motsa’s case from a previous case cited by the defence, where a firefighter, Sizwe Dlamini, was left suspended for nearly three years without any action.

The Industrial Court in this matter ruled in Dlamini’s favour. However, government has since filed an appeal in the Industrial Court of Appeal.

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