Nelspruit Commercial Crimes Court finds man and company guilty of theft
A man and his company were recently found guilty of theft and sentenced by the Nelspruit Commercial Crime Court.
The Nelspruit Commercial Crimes Court found Mduduzi Steven Mashwama (44) and his company, MPG Mash Trading cc, guilty on January 23 for theft and contravention of the Prevention of Oragnised Crime Act (POCA), and they were sentenced.
The Hawks’ spokesperson, Captain Dineo Sekgotodi, said during July 2020, Mashwama had fraudulently submitted VAT claims and claimed undue VAT refunds of over R166 000.
She said the matter was reported to the Mbombela Hawks’ Serious Commercial Crime Investigation Unit. The investigation was finalised and Mashwama was summoned to appear in court on several occasion until he was sentenced on Tuesday.
ALSO READ: Skukuza Regional Court sentences poacher to 16 years
Mashwama was sentenced as follows:
• Count 1: theft – sentenced to six years’ imprisonment, which is wholly suspended for a period of five years on condition that the accused is not convicted of theft, fraud and/or any offence involving misrepresentation committed during the period of suspension.
• Count 2: contravention of Section 58(c) of the VAT Act of 1991 – sentenced to 24 months’ imprisonment, which is wholly suspended for a period of five years on condition that he is not found guilty of contravention of this Act during the period of suspension.
• Count 3: contravention of Section 6 (1) read with Section 1 and 8 of POCA 121 of 1998 as amended – sentenced to six years’ imprisonment, which is wholly suspended for a period of five years on condition that the accused is not convicted of contravening Section 4, 5 or 6 of POCA during the period of suspension.
ALSO READ: Two criminals from Marite in Bushbuckridge receive hefty sentences
Sekgotodi said he was was further ordered to repay SARS an amount of R166 850 in instalments of R500 per month, starting from February 1, and thereafter on or before the 7th of each month until the amount is paid in full.
Meanwhile, MPG Mash Trading cc was found guilty and sentenced as follows:
• Count 1: theft – a R100 000 fine, which is wholly suspended for a period of five years on condition that the company is not convicted of theft, fraud or any offence involving misrepresentation committed during the period of suspension.
• Count 2: contravention of Section 58(c) of the VAT Act 89 of 1991 – a R100 000 fine, which is wholly suspended for five years on condition that the company is not found guilty of contravention of Section 58(c) of VAT Act 58 of 1991.
• Count 3: contravention of Section 6(1) read with Section 1 and 8 of POCA – a R100 000 fine, which is wholly suspended for five years on condition that it is not found guilty of Section 4, 5 and 6 of POCA during the period of suspension.
