Magistrate John Sindano on Friday threw the case out on the basis that no evidence upon which a reasonable court, acting carefully, may convict.
Sindano said in his judgement that “it is not sufficient for the State to allege mere deceit; it will have to go further and establish a prima facie case that the accused caused the NWR prejudice, actual or potential.”
Ndilula appeared in court on a summons after the Prosecutor General decided that she should be prosecuted on a charge of fraud. The decision was taken after an investigation carried out by the Anti-Corruption Commission (ACC).
Ndilula allegedly committed the fraud between September last year and February this year when she applied for a managerial post with NWR, claiming she had a national diploma in travel and tourism and that she was enrolled with the Polytechnic for a bachelor's degree in travel and tourism management.
Sindano had no kind words for NWR's management, especially the parastatal's managing director, Zelna Hengari.
He said NWR breached its own human resources policy on at least three occasions when they appointed Ndilula.
Sindano said the evidence reveals that Ndilula did not meet the requirements for the advertised vacancy; her application was submitted a month after the deadline; NWR relied on her CV which was not accompanied by supporting documents; and Hengari shortlisted Ndilula, despite the latter not meeting the requirements.
“The MD, Ms Zelna Hengari, is in my view an important witness for the state. She features prominently from the plea explanation set forth by the accused, all the way to the job being offered to the accused person,” read Sindano's judgment. Ndilula also submitted her CV directly to Hengari's office.
Hengari compiled the shortlist, and acted as chairperson of the interviewing panel. The court documents also state that Hengari scored Ndilula the highest.
Sindano quoted Hengari's comments about Ndilula during the interviewing process:”Most preferred candidate - possesses all the qualities and experience required for this position - she is ready to manage this department”
Ndilula was suspended but later reinstated after an NWR disciplinary hearing found her not guilty for misrepresenting her qualifications.