Five people were found guilty and were subsequently slapped with varying sentences by the Middelburg Specialised Commercial Crimes Court on Tuesday, on charges of fraud and three counts of Contravening Section 4, 5 and 6 of the Prevention of Organised Crime Act (POCA), Act 121 of 1998 for money laundering.
In March 2018, accused #1, named George Pilato Mabuza (56), and accused #2, named Samaria Charity Mabuza (55), – who were both directors and members of Mabuza Mshengu Construction cc (added as accused #3) – registered the business with the CIPC, with both accused submitting false information and fraudulent tax returns, claiming foreign tax credits through misrepresentation to the amount of R203 711.
The amount was paid into Mabuza Mshengu Construction cc’s Absa business account.
The amount of R70 000 was transferred as proceeds of crime from the company’s business account into the personal account of accused #4, named Thobile Hemalt Malandule (34).
Of the R70 000, an amount of R65 000 was then transferred into the personal bank account of accused #5, Ngizimane Thomas Mabuza (48).
All the convicted fraudsters are family-related.
The following sentences were handed down:
George Pilato Mabuza:
• Count 1: Six years imprisonment wholly suspended for five years on condition that the accused not be convicted of fraud or theft during the period of suspension.
• Count 2: Contravention of POCA – Six years imprisonment wholly suspended for five years.
• Restitution order to pay back the amount of R 68 711 to SARS.
• Mabuza was also declared unfit to possess a firearm.
Samaria Charity Mabuza:
• Charges withdrawn against the accused as per Section 105 A plea agreement.
Mabuza Mshengu Construction cc:
• Count 1: R100 000 fine wholly suspended for five years.
• Count 2: Contravention of POCA – R100 000 fine wholly suspended for five years.
Thobile Hemalt Malandule:
• Count 2: Contravention of POCA – Six years imprisonment wholly suspended for five years.
• Restitution order to pay back the amount of R70 000 to SARS.
Ngizimane Thomas Mabuza:
• Count 2: Contravention of POCA – Six years imprisonment wholly suspended for five years.
• Restitution order to pay back the amount of R65 000 to SARS.
