23/01/2025
THE love for a soft life has landed a Lusaka youth in jail for three years after he was found guilty of theft and fraudulent false accounting involving over K100,000.
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While working as a stores clerk at the Financial Intelligence Centre (FIC) at the age of 28, Eric Ndhlovu of Lilayi betrayed the trust of his employers.
Ndhlovu stole and engaged in fraudulent false accounting involving over K100,000 from the institution, using part of the proceeds to purchase a Toyota Mark II.
However, his actions have cost him both his freedom and the car.
Lusaka senior resident magistrate Trevor Kasanda sentenced Ndhlovu to three years in prison and ruled that the State can recover the stolen K108,000.
"I have entered a statutory judgment. The State is at liberty to recover the K108,000," Magistrate Kasanda stated.
In this case, Ndhlovu was accused of forging payment instructions for staff allowances at FIC and presenting the forged documents to the bank.
He faced over 40 counts of theft by a public servant, forgery, uttering false documents, fraudulent false accounting, and money laundering.
The allegations revealed that between May 9, 2022, and April 10, 2022, Ndhlovu forged a payment instruction for staff allowances amounting to K8,950.
The forged document falsely appeared to have been issued and authorised by the FIC.
Further, he presented the forged letter of instruction for K8,950 to a banker at Investrust Bank for payment.
In additional counts, he allegedly forged several other staff allowance documents and presented them to the bank.
Ndhlovu was also accused of purchasing a Toyota Mark II suspected to be proceeds of crime.
Although he pleaded not guilty, the court found him with a case to answer and placed him on his defense.
Magistrate Kasanda ruled that the allegations against Ndhlovu were proven.
“Even if there was no direct evidence of someone seeing the accused forging the documents, he is the one who presented them. Witnesses identified him as the person who submitted the documents to various banks,” Magistrate Kasanda said.
The court found as a fact that Ndhlovu forged the documents to defraud the FIC.
"I am satisfied that the K108,000 was stolen by the accused," the magistrate added.
It was also established that Ndhlovu used the stolen funds to purchase the Toyota Mark II.
A ZANACO banker testified that multiple transactions were made in Ndhlovu’s account during the period he acquired the vehicle.
“Deposits and cash withdrawals occurred during the period he purchased the vehicle, including K8,950 on June 10, 2022, and K5,000 on June 13, 2022. These and other transactions were linked to the FIC account held at Investrust Bank,” Magistrate Kasanda said.
The court further found that forgery had been proven, with Ndhlovu benefiting from stolen funds.
“He was fully aware that the money withdrawn by him and transferred to his account belonged to his employer, the Financial Intelligence Centre. However, instead of fulfilling his duty as an agent of the FIC at Investrust Bank, he exploited his position and devised mechanisms to forge documents and withdraw funds for personal use,” the magistrate said.
In mitigation, his lawyer pleaded for leniency, ssaying that her client is a youthful first offender, a father to a 12-month-old baby, and a caregiver to his blind brother.
“The convict is 31 years old, still youthful, and capable of contributing to society. Throughout the trial, he expressed remorse for his actions and now seeks leniency from this honorable court,” she said.
For the theft by servant charges, Ndhlovu was sentenced to 24 months imprisonment with hard labor and fined K25,000 for money laundering.
He will also serve three years for fraudulent false accounting.
All sentences will run concurrently.
(Mwebantu, Thursday, 23rd January, 2025)
THE love for a soft life has landed a Lusaka youth in jail for three years after he was found guilty of theft and fraudulent false accounting involving over K100,000.
While working as a stores clerk at the Financial Intelligence Centre (FIC) at the age of 28, Eric Ndhlovu of Lilayi betrayed the tru...