Ja­male boss fraud case set for Novem­ber

Lesotho Times - - News - Tefo Tefo

A CRIM­I­NAL case in which the Ja­male Hold­ings Di­rec­tor Let­satsi Mabona is fac­ing fraud and forgery charges will pro­ceed be­fore the High Court on 29 Novem­ber this year.

The date of hear­ing – from 29 Novem­ber to 2 De­cem­ber – was set on Tues­day.

Mr Mabona is charged with pro­duc­ing fraud­u­lent doc­u­ments to the Na­tional Man­power De­vel­op­ment Sec­re­tar­iat (NMDS) be­tween 2011 and 2012 in or­der to win a ten­der for his com­pany, Ja­male Hold­ings (Pro­pri­etary) Lim­ited to re­cover un­paid loans from Na­tional Man­power De­vel­op­ment Sec­re­tar­iat (NMDS) re­cip­i­ents.

He is charged along­side his com­pany as first and sec­ond ac­cused re­spec­tively, and faces two counts of fraud and one count of forgery. In the first count of fraud, Mr Mabona is ac­cused of presenting to the NMDS false in­for­ma­tion that one Christo­pher Beans was part of the com­pany so the NMDS could award a debt col­lec­tion ten­der to his com­pany.

Part of the charge sheet stip­u­lates he is be­ing charged with fraud “in that be­tween 2011 and 2012, (the ex­act date un­known to the prose­cu­tor), and at or near Na­tional Man­power De­vel­op­ment Sec­re­tar­iat in the district of Maseru, the said ac­cused did un­law­fully and de­lib­er­ately made, to the depart­ment of NMDS a false rep­re­sen­ta­tion at the time of ten­der­ing for the col­lec­tion of debts from NMDS spon­sees ten­der, that Christo­pher Beans, a spe­cial­ist in debt col­lec­tion, was part of and/or an em­ployee of Ja­male Hold­ings…”

The pros­e­cu­tion al­leges Mr Mabona gave the said false in­for­ma­tion so NMDS could “act upon the rep­re­sen­ta­tion to its detri­ment, thereby caus­ing the NMDS per­son­nel to so act”.

In the sec­ond count of fraud, he is ac­cused of sub­mit­ting to NMDS a fraud­u­lent tax clear­ance cer­tifi­cate af­ter re­al­is­ing a tax clear­ance cer­tifi­cate from the Le­sotho Rev­enue Author­ity (LRA) was one of the re­quire­ments to qual­ify for the award of a ten­der for debt col­lec­tion on be­half of NMDS.

“…the tax clear­ance cer­tifi­cate sub­mit­ted as part of the ten­der doc­u­ments on be­half of Ja­male Hold­ings was gen­uine/ au­then­tic and prop­erly is­sued by the Le­sotho Rev­enue Author­ity, a fact which they, ac­cused, knew fully that it was not true or had a duty to re­veal, with the in­ten­tion that the NMDS should act upon the rep­re­sen­ta­tion to its (NMDS) detri­ment, thereby caus­ing the NMDS per­son to so act on.”

The forgery charge re­lates to the forged sig­na­ture of Christo­pher Beans af­fixed on the let­ter sub­mit­ted to NMDS for ac­qui­si­tion of the ten­der.

The pros­e­cu­tion al­leges Mr Mabona com­mit­ted forgery “in that be­tween 2011 and 2012, (the ex­act date un­known to the prose­cu­tor) and at or near NMDS in the district of Maseru, the said ac­cused did un­law­fully and in­ten­tion­ally make a doc­u­ment pur­port­ing to be what it was not; to wit; a let­ter pur­port­ing to be signed by Christo­pher Beans for the ten­der­ing of the col­lec­tion of debts for NMDS spon­sees.”

He first ap­peared be­fore the Mag­is­trate’s Court on 11 Novem­ber 2015 and Se­nior Res­i­dent Mag­is­trate Peter Murenzi re­leased him on bail af­ter pay­ing M10 000 as bail de­posit as well as M750 000 as surety.

Ja­male Hold­ings Di­rec­tor let­satsi mabona.

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