• Home
  • LIFE STYLE
  • Ex-NSFAF employee ordered to refund stolen N$530 000
A WIN: The Namibia Financial Student Assistance Fund (NSFAF) has won a case against a former employee who defrauded it to the tune of N$529 250.
A WIN: The Namibia Financial Student Assistance Fund (NSFAF) has won a case against a former employee who defrauded it to the tune of N$529 250.

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.
Ogone Tlhage
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.

Comments

Namibian Sun 2024-07-07

No comments have been left on this article

Please login to leave a comment

Currie Cup: DHL Western Province 25 vs 30 Vodacom Blue Bulls | Toyota Cheetahs XV 82 vs 20 NovaVit Griffons | Cell C Sharks XV 25 vs 26 Fidelity ADT Lions | Suzuki Griquas 24 vs 44 Airlink Pumas Rugby World Cup U20: Australia U20 12 vs 17 Italy U20 | South Africa U20 12 vs 31 Argentina U20 | England U20 48 vs 11 Fiji U20 | France U20 26 vs 27 New Zealand U20 | Wales U20 31 vs 10 Spain U20 | Ireland U20 22 vs 16 Georgia U20 F1: Great Britain GP First:Lewis Hamilton Mercedes 01:22:27 Second:Max Verstappen Red Bull + 00:00:01.465 Third:Lando Norris McLaren + 00:00:07.547 #N/A Currency: GBP to NAD 23.23 | EUR to NAD 19.68 | CNY to NAD 2.51 | USD to NAD 18.16 | DZD to NAD 0.13 | AOA to NAD 0.02 | BWP to NAD 1.29 | EGP to NAD 0.37 | KES to NAD 0.14 | NGN to NAD 0.01 | ZMW to NAD 0.73 | ZWL to NAD 0.04 | BRL to NAD 3.33 | RUB to NAD 0.21 | INR to NAD 0.22 | USD to DZD 134.16 | USD to AOA 871.26 | USD to BWP 13.56 | USD to EGP 48 | USD to KES 127.98 | USD to NGN 1515.35 | USD to ZAR 18.23 | USD to ZMW 24.45 | USD to ZWL 321 | Stock Exchange: JSE All Share Index Same 0 | Namibian Stock Exchange (NSX) Overall Index 1791.53 Down -0.7% | Casablanca Stock Exchange (CSE) MASI 13367.73 Up +0.54% | Egyptian Exchange (EGX) 30 Index 28364.79 Up +0.72% | Botswana Stock Exchange (BSE) DCI 9380.4 Same 0 | NSX: MTC 7.75 SAME | Anirep 8.99 SAME | Capricorn Investment group 17.34 SAME | FirstRand Namibia Ltd 49 DOWN 0.50% | Letshego Holdings (Namibia) Ltd 4.1 UP 2.50% | Namibia Asset Management Ltd 0.7 SAME | Namibia Breweries Ltd 31.49 UP 0.03% | Nictus Holdings - Nam 2.22 SAME | Oryx Properties Ltd 12.1 UP 1.70% | Paratus Namibia Holdings 11.99 SAME | SBN Holdings 8.45 SAME | Trustco Group Holdings Ltd 0.48 SAME | B2Gold Corporation 47.34 DOWN 1.50% | Local Index closed 677.62 UP 0.12% | Overall Index closed 1534.6 DOWN 0.05% | Osino Resources Corp 19.47 DOWN 2.41% | Commodities: Gold US$ 2 391.62/OZ UP +1.48% | Copper US$ 4.67/lb UP +2.36% | Zinc US$ 3 017.00/T UP 0.01% | Brent Crude Oil US$ 87.46/BBP DOWN -0.0079 | Platinum US$ 1 027.76/OZ UP +2.82% #N/A