Cape Argus (Cape Town)

South Africa: Cigarette Racketeer's Hot Goods Must Go

The Cape High Court has granted the National Director of Public Prosecutions a R1 million confiscation order against the owner of a cigarette wholesale business who was convicted of racketeering and theft in connection with a spate of hijackings of British American Tobacco cigarette trucks in 2003.

Judge Lee Bozalek, in granting the order on Friday, said Lenasia businessman Achmat Mather might not have been directly involved in the crimes, but his role as the middleman could not be underestimated.

In June, Mather was convicted in the High Court of racketeering and theft, related to a series of hijackings of BAT cigarette trucks in the Western and Eastern Cape between June and October 2003.

Although Mather was not directly involved in the robberies, he bought the consignments of cigarettes once they were transported to Gauteng.

He was also convicted of money laundering, with the court finding that his buying the cigarettes had the effect of disguising the source, movement and ownership of the items.

After he was convicted, the State brought an application against him and his co-accused for a confiscation order of any benefits they may have derived from the crimes.

Only the application against Mather was heard, as his co-accused were not ready to argue their cases.

In his judgment, Judge Bozalek found that a confiscation order against Mather was justified.

Judge Bozalek said the court had wide discretion in determining an appropriate amount for a confiscation order.

"This was a series of bold and well-planned armed robberies carried out by the enterprise in which (Mather) played a limited but crucial role. He was the middleman to whom the consignments of cigarettes were sold and delivered and who, through the nature of his business, was able to dispose of the consignments swiftly and efficiently, in all probability through his existing network of customers," Judge Bozalek said.

He added that a deterrent effect was best achieved by a substantial confiscation order.

He ruled that a confiscation order of R1m was appropriate.


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