The National Head of the Directorate for Priority Crime Investigation, Lieutenant General (Dr\Adv.) Godfrey Lebeya welcomed the sentencing of nine of the thirteen accused who were sentenced yesterday, 24 April 2024, by the South Gauteng High court to a cumulative 10 939 years’ imprisonment for 391 counts of money laundering, fraud, forgery, uttering, assisting another to benefit from unlawful activities, acquisition, possession or use of proceeds of unlawful activities, Contravening Section 31(1)(b) of the Birth and Death Registration Act No. 51 of 1992, Contravening Section 18(2)(a) of the Identification Act No. 68 of 1997, Contravening Section 83(1) read with Section 1 and Section 83(7) of the Attorneys Act No. 53 of 1979 and Contravening Section 4(1)(b) of the Prevention and Combating of Corrupt Activities Act No. 12 of 2004.
Two of the accused, Bonisiwe Prizzer Ndlovu (52) and Thabile Octavia Nkosi (51) both South African females met their untimely death during the course of the trial whilst two others, Mfanafuthi Daniel Khanyile (47) and Adam Michael Phiri (42) both South African males turned State witnesses.
It is reported that during 2009 and 2016, accused were members of various entities registered in terms of the Close Corporations Act, No 69 of 1984 and/or the Companies Act, No 61 of 1973 and thus also registered their companies for Value Added Tax (VAT) in terms of the South African Revenue Services Act. A total of twenty-three cases were opened at the Johannesburg Central police station against the accused for investigation. These cases were referred to the Gauteng based Serious Corruption Investigation for in-depth probe.
The accused, while acting in furtherance of a common purpose, submitted fraudulent VAT returns for and on behalf of the said Close Corporations and/or Companies claiming undue VAT refund from the South African Revenue Services (SARS). In support of their claim, the accused forged and uttered invoices to SARS. The undue VAT refund was then paid by SARS into various bank accounts of the said various entities, and were then transferred into various other accounts which were under the control of the accused or withdrawn.
The entities in question were not trading or conducting any business during the period they claimed the undue refund which is from 2009 to 2015 and did not incur any input expenses to warrant a refund from SARS therefore prejudicing SARS three hundred million rands (R300 million).
The remaining accused were sentenced as follows:
Jeremiah Nyasha Musiwacho Dube (59), a Zimbabwean male, was sentenced to 3376 years’ imprisonment. The court ordered that the accused should serve only 65 years’ having taken into consideration the mitigating circumstances.
Rebecca Dube (51), a South African female, was sentenced to 1596 years imprisonment. The court ordered that the accused should serve only 25 years’ having considered the mitigating circumstances.
Mavudzi Maxwell Ndlovu (59), a Zimbabwean male, was sentenced to 3272 years’ imprisonment. Court ordered that the accused should serve only 65 years’ having considered the mitigating circumstances.
Moliehi Constance Ramone (44), a Lesotho female, was sentenced to 953 years’ imprisonment. The court ordered that the accused should serve only 15 years’ having considered the mitigating circumstances.
Edward Shoniwa (56), a Zimbabwean male, was sentenced to 168 years’ imprisonment. The court ordered that the accused should serve only 15 years’ having considered the mitigating circumstances.
Zamaswazi Audrey Radebe (51), a South African female, was sentenced to 73 years’ imprisonment. The court ordered that the accused should serve only 5 years’ having considered the mitigating circumstances.
Bongani Mbonani (42), a South African male, was sentenced to 57 years’ imprisonment. The court ordered that the accused should serve only 5 years’ having considered the mitigating circumstances.
Sello Atlone Rathethe (52), a South African male, was sentenced to 1557 years’ imprisonment. The court ordered that the accused should serve only 15 years’ having considered the mitigating circumstances.
The last accused, Christopher Dube (56), a Zimbabwean male, absconded just before conviction and his warrant of arrest has been authorised by the court.
The National Head of the DPCI, Lt Gen (DR\Adv.) Godfrey Lebeya commended the outstanding and diligent execution of duties by the investigation as well as prosecution team.
