TWO men convicted of defrauding members of the public through the infamous ‘facata’ scam have been sentenced, with one receiving an effective 41-year sentence and the other 37 years.
Nqaba Thandukukhanya Simelane (25) of KaBhudla and Mbutfo Nkululeko Mamba (25) of Ndabeni area were sentenced by Principal Magistrate Florence Msibi at the Manzini Magistrate’s Court after being found guilty on 41 and 38 counts of defrauding members of the public.
The sentences add to a growing body of ‘facata’ cases before the courts, with the scam involving fraudsters allegedly masquerading as bank or other officials such as police, to gain access to victims’ financial accounts.
Similar cases have previously involved the use of stolen banking credentials and deception to access victims’ funds.
Simelane faced 41 counts relating to the alleged defrauding of members of the public of their hard-earned monies. Having been found guilty on all 41 counts, he pleaded with the court for leniency during mitigation.
He told the court that he had two children, the youngest being just 10 months old. He further said he operated a mobile money business and sold chickens as a means of earning a living.
“I made a mistake. This was my first time committing such an offence,” he stated.
The court subsequently sentenced him to 41 years imprisonment, with an option of a fine of E159 000.
Meanwhile, Mamba faced 38 counts of allegedly defrauding members of the public and was also found guilty on all the charges.
In mitigation, he told the court that he had a young child who depended on him. He apologised for his actions and pleaded for leniency, claiming that he had not initially intended to commit the offences but had succumbed to temptation.
“I am sorry for what I did,” he said.
Principal Magistrate Msibi sentenced Mamba to 37 years imprisonment with a fine of E138 000.
The court ordered that the sentences on the respective counts run consecutively.
The charges against the duo included theft by false pretences, contraventions of the Prevention of Organised Crime Act of 2018, the Money Laundering and Financing of Terrorism (Prevention) Act of 2011, and the Computer Crime and Cybercrime Act No. 6 of 2022.
In several of the charges, the accused allegedly posed as bank officials and contacted unsuspecting victims, falsely informing them that their bank accounts had been compromised or were under cyber-attack.
They allegedly then convinced the victims to disclose their banking credentials, claiming that the information was necessary to help secure their money or transfer it into supposedly safer accounts.
Once they allegedly obtained the confidential banking information, the accused used it to access and withdraw money from the victims’ accounts.
