The Thembalethu Regional Court have sentenced Kwezi Tshuku (29) on 23 January 2024 for Contravention of Cybercrimes Act 19 of 2020.
This sentence stems from March 2022 when the two accused Kwezi Tshuku and Zixolisile Skade where observed performing fraudulent card transactions at the Shell garage in George.They were stopped on their activities by police and when searched, they were found with several counterfeit government fleet cards and fifteen(15) x 25 litres of containers containing fuel. Further investigation revealed that all the transactions were done with the counterfeit government fleet cards and the information on the magnetic strip belonged to Nedbank fleet. The matter has since been referred to the Hawks’Serious Commercial Crime Investigation based in George for probing until the conviction and sentencing.
The sentencing was imposed as follows:
On count 1-3, Kwezi Tshuku was sentenced in terms of section 276(1)(b) of the Criminal Procedure Act 51 of 1977 to a fine of R15 000.00 or three(3) years imprisonment, of which R5 000.00 or one(1) year imprisonment was suspended for the period of 5 years on the condition that the accused not be convicted of Contravention of Section 8 of the Cybercrimes Act 19 of 2020 committed during the period of suspension.
On count 4-5, the accused was sentenced in terms of section 276(1)(f) of the Criminal Procedure Act 51 of 1977 to a fine of R20 000 or five(5) years imprisonment of which half is suspended in terms of Section 297 of the Criminal Procedure Act 51 of 1977 for the period of 5 years on condition that the accused not to be convicted for Contravention of Section 8 of the Cybercrimes Act 19 of 2020 committed during the period of suspension.
Tshuku will effectively serve four and a half years imprisonment or pay a fine of R20 000-00.
The court further ordered that the accused be declared unfit to possess a firearm in terms of section 103(3) of the firearms control Act 60 of 2000. A further confiscation order in terms of Section 18 of the POCA was granted and the accused was then ordered to pay an additional R 5000.00.
The charges against the other accused, Zoxolisile Skade, were withdrawn.