Ex-NSFAF employee ordered to refund stolen N$530 000
Accused resigns before internal hearing
The matter might set a rare precedent where employees accused of theft would be required to reimburse their employers instead of getting away with a mere dismissal or arrest.
Former Namibia Students Financial Assistance Fund (NSFAF) employee Tomas Konghola has been ordered to repay the student financier N$529 250 - plus 20% interest - after it was found that he illicitly paid over monies to the bank account of an individual who is not a fund beneficiary.
The order stems from Konghola paying over monies to a certain Nelson Sheefeni, who was not entitled to receive the funds.
The illegal payments came to light when NSFAF whistle-blowers Harris Ntema and David Nathinge gave evidence into Konghola’s conduct.
The fund claimed Konghola fraudulently made amendments to its payment requisition list by changing identification numbers, student numbers, and courses of students. He further changed bank account numbers, replacing them with those belonging to Sheefeni under the guise that he is a NSFAF-funded student.
Fraud timeline
According to NSFAF, Konghola was not authorised to make the payments and knew that he was committing fraud when he accessed the interim payment system and made the changes.
An investigation report compiled by the Anti-Corruption Commission (ACC) indicates that a payment of N$355 250 was made to Sheefeni’s First National Bank account between 21 October 2016 and 18 April 2019.
The second payment of N$87 000 was made to Sheefeni’s Nedbank account on 6 December 2017. The last payment Konghola made was on 25 October 2017, to Sheefeni’s Standard Bank account.
The report further indicated that Konghola deleted Sheefeni’s banking details from the payment database once the payments went through, reportedly to cover his tracks.
Although Konghola was suspended in August 2020 for a disciplinary process to begin, such proceedings could not be concluded as he opted to resign in March 2021.
Manipulated information
In his analysis, High Court Judge Boas Usiku found that Konghola conceded during cross-examination that he was the initiator of all payment requisition documents and the student lists which were used to effect the payments into Sheefeni’s bank accounts.
“From the evidence on record, it is apparent that it is not by coincidence that the aforesaid requisition documents were prepared in the way [Konghola] prepared them.
“Given the extent to which [Konghola] went in manipulating the information, but remaining consistent in regard to the bank accounts to which the money was diverted, I accept [NSFAF’s] submissions that the... evidence points overwhelmingly to the fact that [Konghola] was at all material times aware that the representations he made were false,” Usiku said.
Konghola’s defence - that he did not know Sheefeni and simply used information obtained in NSFAF’s documents - was shot down by the judge.
“The blunt denials by [Konghola] to the effect that he did not know that the representations were false, or that he merely relied on information from the files from the students care centre, are therefore rejected as false,” he said.
Vast sums of money
Usiku further found that Konghola was able to generate additional income far exceeding his remuneration at the fund.
“There is also uncontested evidence from [Ntema] that during the time of his employment, [Konghola] managed to generate additional income over and above his only known source of income, amounting to N$2.56 million. It is apparent that while employed by [NSFAF], [Konghola] was able to receive vast sums of money without any known legitimate additional source of income.
“I am satisfied that [NSFAF] has proved... that it is entitled to the relief it seeks and I shall therefore grant an order in its favour,” Usiku said in his judgment.
The judge ordered Konghola repay the fund N$529 250 - plus 20% interest per annum – as well as pay the costs of the suit.
NSFAF was represented by Francois Bangamwabo while Konghola was represented by Mbanga Siyomunji.
The order stems from Konghola paying over monies to a certain Nelson Sheefeni, who was not entitled to receive the funds.
The illegal payments came to light when NSFAF whistle-blowers Harris Ntema and David Nathinge gave evidence into Konghola’s conduct.
The fund claimed Konghola fraudulently made amendments to its payment requisition list by changing identification numbers, student numbers, and courses of students. He further changed bank account numbers, replacing them with those belonging to Sheefeni under the guise that he is a NSFAF-funded student.
Fraud timeline
According to NSFAF, Konghola was not authorised to make the payments and knew that he was committing fraud when he accessed the interim payment system and made the changes.
An investigation report compiled by the Anti-Corruption Commission (ACC) indicates that a payment of N$355 250 was made to Sheefeni’s First National Bank account between 21 October 2016 and 18 April 2019.
The second payment of N$87 000 was made to Sheefeni’s Nedbank account on 6 December 2017. The last payment Konghola made was on 25 October 2017, to Sheefeni’s Standard Bank account.
The report further indicated that Konghola deleted Sheefeni’s banking details from the payment database once the payments went through, reportedly to cover his tracks.
Although Konghola was suspended in August 2020 for a disciplinary process to begin, such proceedings could not be concluded as he opted to resign in March 2021.
Manipulated information
In his analysis, High Court Judge Boas Usiku found that Konghola conceded during cross-examination that he was the initiator of all payment requisition documents and the student lists which were used to effect the payments into Sheefeni’s bank accounts.
“From the evidence on record, it is apparent that it is not by coincidence that the aforesaid requisition documents were prepared in the way [Konghola] prepared them.
“Given the extent to which [Konghola] went in manipulating the information, but remaining consistent in regard to the bank accounts to which the money was diverted, I accept [NSFAF’s] submissions that the... evidence points overwhelmingly to the fact that [Konghola] was at all material times aware that the representations he made were false,” Usiku said.
Konghola’s defence - that he did not know Sheefeni and simply used information obtained in NSFAF’s documents - was shot down by the judge.
“The blunt denials by [Konghola] to the effect that he did not know that the representations were false, or that he merely relied on information from the files from the students care centre, are therefore rejected as false,” he said.
Vast sums of money
Usiku further found that Konghola was able to generate additional income far exceeding his remuneration at the fund.
“There is also uncontested evidence from [Ntema] that during the time of his employment, [Konghola] managed to generate additional income over and above his only known source of income, amounting to N$2.56 million. It is apparent that while employed by [NSFAF], [Konghola] was able to receive vast sums of money without any known legitimate additional source of income.
“I am satisfied that [NSFAF] has proved... that it is entitled to the relief it seeks and I shall therefore grant an order in its favour,” Usiku said in his judgment.
The judge ordered Konghola repay the fund N$529 250 - plus 20% interest per annum – as well as pay the costs of the suit.
NSFAF was represented by Francois Bangamwabo while Konghola was represented by Mbanga Siyomunji.
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