Media Statement
Directorate for Priority Crime Investigation (Hawks)

MPUMALANGA – A total of five accused were found guilty and sentenced by the Middelburg Specialised Commercial Crimes Court on Tuesday, 21 May 2024 for fraud and three (3) counts of Contravening Section 4, 5 and 6 of the Prevention of Organised Crime Act, Act 121 of 1998- money laundering.

During March 2018, accused No. 1 - George Pilato Mabuza (56) and accused No.2 - Samaria Charity Mabuza (55) both directors / members of a close corporation namely "Mabuza Mshengu Construction cc"(accused no 3), registered at CIPC, whereas both accused submitted false information and fraudulent tax returns, on behalf of the company, to the South African Revenue Service, claiming foreign tax credits through misrepresentation by prejudicing the Revenue Service, causing an actual total loss to the amount of R 203 711.66.

The above prejudiced amount was paid into Mabuza Mshengu Construction cc's Absa business account. Furthermore, the amount of R 70 000.00 was transfered as proceeds of crime, from the company's business account into accused no four (4)- Thobile Hemalt Malandule's (34) personal bank account and an amount of R 65 000.00 was paid into the personal bank account of accused no Five (5)- Ngizimane Thomas Mabuza (48). All above accused are family related. Investigation was finalized and the matter was transferred to the Middelburg Specialised Commercial Crime Court. A J50 warrants of arrest was authorised and executed.

Accused were sentenced as follows:

Accused no one (1) George Pilato Mabuza:-

• Count 1: Fraud Six (6) years’ imprisonment wholly suspended for five (5) years’ on condition that accused not be convicted of fraud or theft committed during period of suspension.
• Count 2: POCA Six (6) years’ imprisonment wholly suspended for five (5) years’ on condition that accused not be convicted of contravening Section 4, 5 and 6 of the Prevention of Organised Crime Act, Act 121 of 1998 committed during period of suspension, and that the accused pay back the amount of R 68 711.66 to the South African Revenue Service.

Accused declared unfit to possess a firearm in terms of Section 103 of the Firearms Control Act.

Accused no two (2) Samaria Charity Mabuza: Charges withdrawn against accused as per Section 105. A plea agreement as accused no one (1) took the responsibility for his acts.

Accused no three (3) the company/entity Mabuza Mshengu Construction cc:

• Count 1: Fraud.
• R 100 000.00 fine wholly suspended for five (5) years’ on condition that accused not be convicted of fraud & theft committed during period of suspension.
• Count 2: POCA.
• R 100 000.00 fine wholly suspended for five (5) years’ on condition that accused not be convicted of contravening Section 4,5 and 6 of the Prevention of Organised Crime Act, Act 121 of 1998 committed during the period of suspension.

Accused no four (4) Thobile Hemalt Malandule:

• Count 2- POCA.
• Six (6) years’ imprisonment wholly suspended for five (5) years’ on condition that accused not be convicted for contravening Section 4, 5 and 6 of the Prevention of Organised Crime Act, Act 121 of 1998 committed during the period of suspension. The accused pay back the amount of R 70 000.00 to the South African Revenue Service.

Accused no Five (5) Ngizimane Thomas Mabuza:

• Count 2: POCA.
• Six (6) years’ imprisonment wholly suspended for five (5) years’ on condition that accused not be convicted of contravening Section 4, 5 and 6 of the Prevention of Organised Crime Act, Act 121 of 1998 committed during period of suspension, and that the accused pay back the amount of R 65 000.00 to the South African Revenue Service.

The Provincial Head Major General Gerber applauded the investigating team, comprising of the Hawks Investigating Officer Captain Meyer, National Prosecution Authority, The South African Revenue Service and State Prosecutor Advocate (Shongwe) (STU) for the collaborative efforts which led to the sentence and forfeiture of the proceeds generated through this scheme.  The General further warned the community that crime does not pay. As the Hawks we shall investigate and arrest perpetrators who threaten the safety of the community without fear or favour. The collaborative approach which sees proceeds recovered from criminal and victims being refunded, will be vigorously applied.  The sentence and forfeiture will send a stern warning to all would be fraudsters.

Ends

Enquiries:
Captain Dineo Lucy Sekgotodi
071 481 3493

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