PENSIONER FRAUD: Standard Bank employee faces 4 charges

A Standard Bank employee accused of being part of a syndicate that allegedly defrauded a 66-year-old pensioner of E396 152 has been slapped with four charges under the Computer Crime and Cybercrime Act.

The bank employee, Thabiso Esther Sihlongonyane appeared before Principal Magistrate Florence Msibi at the Manzini Magistrate’s Court yesterday, alongside three co-accused, Zama Mashinini, Nkosinathi Bhila and Mcondisi Nxumalo.

The charges stem from an alleged sophisticated scheme in which the pensioner’s online banking credentials were reportedly compromised, followed by an alleged SIM card swap that enabled the syndicate to access his banking account and transfer money without his knowledge.

Sihlongonyane, who is said to be employed by Standard Bank, the financial institution where the complainant, Mandla Makepeace Maseko, holds his account, is among the four suspects arrested in connection with the incident.

The suspects were not asked to plead to the charges during their court appearance.

Instead, they were remanded in custody until November 4, pending their committal to the High Court.

Prosecutor Mlindzi Mthetwa informed the court that should the accused wish to apply for bail, they would have to approach the High Court, as the magistrate’s court lacked jurisdiction to entertain bail applications in matters of that nature.

According to the charge sheet, the four face allegations of unlawfully causing Maseko to suffer a financial loss of E396 000 through unauthorised interference with the Standard Bank online banking system on October 17.

They are also accused of unlawfully accessing the complainant’s online banking account by infringing security measures to obtain computer data.

The third charge relates to the alleged acquisition, possession, transfer and use of Maseko’s online banking credentials, which the accused allegedly used with the intention of committing, aiding or abetting unlawful activities.

In a separate charge, the accused are alleged to have unlawfully used the complainant’s identity by performing a SIM card swap on his mobile number at an MTN service centre in Mbabane on October 17.

Moreover, besides the counts under the Computer Crime and Cybercrime Act, they also face charges relating to money laundering.

Mashinini, Bhila and Nxumalo are individually accused of unlawfully acquiring, possessing and using money allegedly derived from criminal activities, knowing or having reason to believe that the funds were proceeds of unlawful conduct.

The four suspects were arrested on October 22, at approximately 4:30pm at OK Complex in Ngwane Park following investigations into the alleged fraud.

Police reportedly managed to secure E180 000 during the arrest before the money could be withdrawn. However, no money was recovered directly from the suspects at the time of their arrest.

Preliminary investigations suggest that the ordeal began when Maseko received an SMS notification alerting him to an activity involving his mobile number.

When he subsequently attempted to make a phone call, it failed to go through, raising concerns about his mobile phone service.

On October 19, he reportedly went to town to have the problem resolved and undergo a SIM card swap.

However, shortly after the process was completed, his phone began receiving a stream of messages, including bank notifications indicating that money had been transferred from his account.

Alarmed by the notifications, Maseko reportedly rushed to Standard Bank to establish what had happened.

He was allegedly furnished with a bank statement showing that E396 152 had been transferred through multiple transactions.

According to the preliminary account of the incident, E50 000 was transferred to each of the two accounts held at local banks before the money was subsequently moved to a Capitec Bank account in neighbouring South Africa.

The discovery prompted Maseko to report the matter to the police on October 18, setting investigations into motion.

The alleged involvement of a bank employee has added a significant dimension to the case, given that Sihlongonyane is reportedly employed by the same financial institution where the complainant holds his account.

Suspects’ phones, passports detained

THE Crown has successfully sought the detention of cellphones, passports and a driver’s licence belonging to the four suspects accused of defrauding a 66-year-old pensioner of E396 152, arguing that the items are required for investigative purposes.

Prosecutor Mlindzi Mthethwa made the application in terms of the Criminal Procedure and Evidence Act, informing the Manzini Magistrate’s Court that the items were believed to have been used in the commission of the alleged offences. Mthethwa said he could not commit to a specific date on which the items would be returned, explaining that their release would depend on the progress of investigations. He, however, assured the court that once investigations were complete, he would liaise with the accused defence counsel to arrange for the collection of the items.

The application covered various electronic devices and travel documents allegedly belonging to the accused, namely Mcondisi Nxumalo, Zama Mashinini, Thabiso Esther Sihlongonyane and Nkosinathi Bhila.

In respect of Nxumalo, the Crown sought the detention of a black iPhone, an Eswatini passport, a South African passport and a driver’s licence.

For Mashinini, the prosecution applied to detain two black Samsung cellphones, while the application against Sihlongonyane concerned a navy-blue iPhone and its pouch. The crown sought the detention of a black Redmi 14 Pro cellphone allegedly belonging to Bhila.

The defence did not oppose the detention of the items but raised concerns over the absence of a specified timeframe for their return.

The defence counsel argued that the court should set a tentative deadline by which the items would be returned to their respective owners.

In response, Mthethwa maintained that the law does not prescribe a specific timeframe within which the Crown was required to return the items, adding that he could not provide a definite date at that stage. The court observed that the duration of the detention would depend on the investigators, noting that the law does not stipulate a fixed period for the return of such items but required that they be detained for a reasonable time.

The application arose during the court proceedings involving the four suspects, who are facing charges including money laundering and offences under the Computer Crime and Cybercrime Act in connection with the alleged fraudulent transfer of funds from the pensioner’s bank account.