Home | News | Former MP charles Myeza guilty of fraud

Former MP charles Myeza guilty of fraud

24/08/2013 03:42:00 BY MBONGISENI NDZIMANDZE

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MBABANE - Chances of returning to Parliament for former Khubuta Member of Parliament Charles Myeza are now next to nothing as he was yesterday found guilty of fraud, forgery and uttering.

Myeza is one of the nominees under his constituency.
The former legislator and his company PPC Electrical were yesterday found guilty by High Court Judge Nkululeko Hlophe.

Myeza was yesterday however not sent to jail immediatley after his lawyer Sifiso Jele from Mabila attorneys applied that his bail be extended to Monday where he is expected to mitigate sentence on his behalf. Myeza was charged with his wife Phumzile, Musa Ngwenya and his company PPC Electricity (PTY) LTD.

Ngwenya and Phumzile were however acquitted and discharged in terms of section 174 (4) of the Criminal Procedure and Evidence Act 1938, after their lawyer Mduduzi Mabila moved that application on their behalf. The thrust of the fraud charges was that on various dates range between August 2004 and November 2005, all the accused persons, while acting in furtherance of a common purpose, misrepresented to the Royal Swaziland Police that they had performed certain electrical works as reflected in invoices prepared and presented to the Royal Swaziland Police and subsequently to the Swaziland Government Treasury Department for payment.

The contention was that there was either no such work performed or where any work was performed; it was only a portion of what was claimed. Notwithstanding these anomalies, the Government of Swaziland had, while acting on the advice of the Royal Swaziland Police, paid the amounts claimed to its detriment. From these incidents of fraud the Swaziland Government had lost a total sum of E661 046.36, which was all paid to the fourth accused company.

Myeza alone was facing fifteen counts of forgery in that he unlawfully, falsely and with intent to defraud and to the prejudice of the Royal Swaziland police and the Treasury department forged an instrument in writing being a signature of either Vusi Silindza or that of Absalom Dlamini for contract invoices. He is said to have forged these signatures to misrepresent that the work claimed for in each invoice was performed.

With regards to the uttering charges Myeza is to have offered, uttered and put off the invoices. Judge Hlophe in his judgment stated that it was not in dispute that the said documents were actually processed for payment by Myeza who did so when he had interest in PCC Electricity which prepared the invoices and presented them for processing and payment.

“I further find it difficult to accept the story as put forth by the defence witnesses to the effect that they had agreed with Mr. Vusie Silindza that the invoices for work done be served at the Finance or Accounts Department of the police headquarters, through being dropped as the so called Dip-In as opposed to what was proved to be the established procedure namely that such invoices were supposed to be delivered at the Research and Planning Department to enable officers of this department to verify that if indeed such work had been performed and its monetary value,” he said. Judge Hlophe said this falsity in this contention by the defence was in how and when Silindza would have been able to ascertain and or confirm if the work was done including its monetary value. He said they themselves had not suggested that Silindza was part of any criminal enterprise done with them.

“It only complicates it further that the first accused (Myeza) who knew the procedure well on the delivery of invoices and the related duties of the Research and Planning Department would go on and process such an invoice on the instruction of Mr. Silindza who clearly would not have verified the said invoice given it was the only one released to process payment,” added Judge Hlophe.

The judge said in the case of Myeza as he could discern from his evidence was that he dealt with invoices of PPC Electrical he found in the deep- in of the Finance or Accounts Department like he dealt with other invoices presented to the department. He said this he sought to infer from the invoices forming part of the documents or invoices batched together with those of PPC electrical.

“I am convinced from the evidence given that a reasonable and possibly true explanation has not been given in this matter in favour of the defence. I have already stated why I consider the explanations given to be false beyond a reasonable doubt.

‘... he failed to give reasonable a explanation’

MBABANE – Judge Hlophe said the accused failed to give a reasonable and probably true explanation on why the invoices were raised including what work was done and where as well as its extent, the receipt of the invoice without following the proper procedure including his purporting to receive them as the authorised person to receive same in the name of Vusi Silindza.

“As regards the counts of forgery levelled against the first accused (Myeza) is it not in dispute that the said accused did enter the name of Vusi Silindza, including his signature in some of the invoices when he was not entitled to.

It is a fact that his said conduct was pivotal in ensuring that payment of the invoices before they had complied with established procedure as well as entering the name and signature of Vusie Silindza on some of the said invoices was calculated to mislead the officers responsible for processing payment to approve of same on the understanding the said invoices had followed all the stages including the verification that the work has been done and therefore could be processed,” he said.

The judge said forgery consists of unlawfully and intentionally making a document tell a lie about itself.
He said the documents complai-ned of as having been forged were invoices received in the name of Vusi Silindza by Myeza who went to affix a signature in the name of Vusi Silindza on others as well as the contracts in which it was common cause that had the name A.V Mkhaliphi written on it by Myeza.

“Consequently I have come to the conclusion that the accused persons cannot escape criminal liability to the charges preferred against them and I accordingly convict the first accused (Myeza) and the fourth accused (PPC Electrical) of the offences with which they are charged with,” he said.
Appearing for the Crown in this matter was Director of Public Prosecutions Nkosinathi Maseko.