Mbabane – Former court officer is accused of dragging a criminal case against herself where eight years ago she was charged with 20 counts of fraud.
This is after Nelisiwe Precious Dlamini (33) from Esiphambanweni, Hluthi who faces 20 counts of theft by false pretences after allegedly running a car-import scam that cost clients more than E560 000 appeared in court on Tuesday.
Dlamini’s, who was an accountant, matter is pending in court since 2018 but the Mbabane Magistrates Court Principal Magistrate Fikile Nhlabatsi, strongly criticised her for delaying tactics.
Dlamini is accused of pretending to run a company called Yersei Investments, which claimed to help people buy second-hand cars from Japan.
According to the charge sheet, she swindled several clients’ monies but failed to deliver bought vehicles or refund them.
Despite being ordered to provide proof that she had refunded some of the complainants whom she claims she did, the matter has not been concluded since 2018, prompting Nhlabatsi to express her frustration to the prosecution over the long delays and lack of progress.
“The prosecutor and you, the accused person, are not the court,” she said. “This matter has been pending since 2018. The complainants came here for their money, yet six years later there is still no proof that you made any effort to repay the complainant’s money.”
The court heard that Dlamini was previously ordered to repay the complainants and had been given enough time, but she failed to do so.
Nhlabatsi also criticised the accused for claiming she once gave E5 000 to the prosecutor to pass on to the complainants, calling the conduct irregular.
Each of the 20 counts follows the same pattern, Dlamini allegedly promised to import a vehicle, took money from the client, and never delivered the car. The payments ranged from E5 500 to E75 500, adding up to a total of E561 579.
Some of the amounts involved include, E39 800 from Siboniso Banjes, E58 000 from Lucky Mnisi, E41 203 from Elnett Skosana, E34 470 from Thembani Ndlela, E35 000 from Sizakele Gamedze, E75 500 from Charles Khoza and many others across the 20 counts
During her court appearance today, Principal Magistrate Nhlabatsi said she had run out of patience. She ordered that Dlamini be remanded in custody because she had not been attending court since June and had still not produced any proof of payments.
“You were given enough time to pay the complainants. Instead, we keep hearing stories with no evidence,” she said. “The court cannot allow this case to continue like this.” The victims reported their case to the police hoping that they’ll be compensated but what is happening now is not justice.
Dlamini told the court that she had “settlement agreements” with some complainants and planned to repay them slowly. But the magistrate rejected this explanation, stating that settlement agreements are not proof of payment and that they mean nothing in a criminal case.
The magistrate also noted that some complainants have been waiting since the past five years to get their money back, many of whom used their savings hoping to buy vehicles to support their families and livelihoods.
The court instructed the State to verify Dlamini’s claims, including the alleged E5 000 she said she handed to the prosecutor.
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