South Africa: Accused and His Company Sentenced for Contravening the Tax Administration Act

1 August 2024
South African Police Service (Pretoria)
press release

Directorate for Priority Crime Investigation

(HAWKS)

MPUMALANGA :- Thokozane Sunnyboy Mathebula (46) and his company, Thokothoko Boven 143 (Pty) Ltd."

were found guilty and sentenced by the Nelspruit Specialised Commercial Crime Court on Wednesday, 31 July 2024 . They were arrested by the Hawks Nelspruit based Serious Commercial Crime Investigation for fraud, theft and/ or alternatively contravening the provisions of Section 235(1)(d) of the Tax Administration Act, Act 28 of 2011 and Contravening Section 6 read with Sections 1 and 8 of the Prevention of Organised Crime Act, Act 121 of 1998 - Money laundering.

The arrest and sentence followed after investigation was conducted by the Hawks, that during the period 2015 to 2017 Thokozane Sunnyboy Mathebula (46), referred as accused no 1, submitted fraudulent tax returns to the South African Revenue Service, whereas the accused was registered as a sole director & sole signatory of the company/entity- "Thokothoko Boven 143 (Pty) Ltd, referred as accused 2, through misrepresentation by claiming value added tax refunds, prejudicing and causing an actual loss to the revenue service to the amount of R134 658.00 which was paid into the business account, as well as the potential loss of R860 342.00 that was frozen in the account.

The investigation was finalised, and an arrest warrant was authorised and executed on Wednesday 31 July 2024.

The duo were found guilty and convicted in terms of Section 112 of the Criminal Procedure Act (CPA) and sentenced as follows:

Count 1:

Eight (8) years imprisonment, wholly suspended for five (5) years on condition that accused not be convicted of fraud committed during the period of suspension.

Count 2:

Three (3) years imprisonment, wholly suspended for five (5) years on condition that the accused not be convicted of contravening Section 6 of the Prevention of Organised Crime Act, Act 121 of 1998- money laundering- committed during the period of suspension.

-Accused no 1 (Mathebula) has to pay back the actual loss to the amount of R 134 658.00 to the South African Revenue Service.

Accused no 2:

Count 1:

R 200 000.00 fine wholly suspended for 5 years on condition that the accused/company not be convicted of fraud committed during period of suspension.

Count 2:

R200 000.00 fine wholly suspended for five (5) years on condition that accused/company not be convicted of contravening Section 6 of the Prevention of Organised Crime Act, Act 121 of 1998- money laundering during the period of suspension and that:

The Provincial Head of the Hawks Major General Gerber, applauded the investigation team, inclusive of prosecution authority, for ensuring that justice is served, by ordering the accused to pay back the money. He further said that as the Hawks we shall investigate all crimes within our mandate without fear or favour.

Read the original article on SAPS.

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