Thokozane Sunnyboy Mathebula, 46, has escaped imprisonment after he and his company, Thokothoko Boven 143 (Pty) were found guilty and sentenced for fraud and money laundering by the Nelspruit Specialised Commercial Crime Court on Wednesday, July 31.
The Hawks' Nelspruit-based Serious Commercial Crime Investigation unit arrested Mathebula for submitting fraudulent tax returns to the South African Revenue Service (Sars) between 2015 and 2017.
Mathebula, the sole director and signatory of Thokothoko Boven 143 (Pty) Ltd, falsely claimed value-added tax (VAT) refunds, causing an actual loss of R134,658 to Sars and a potential loss of R860,342, which was frozen in the company's account.
Mathebula and his company were found guilty under Section 112 of the Criminal Procedure Act (CPA) and sentenced.
Mathebula received an eight-year prison sentence, wholly suspended for five years, on the fraud charge. This suspension is conditional on him not committing fraud during the suspension period.
Additionally, for money laundering, he received a three-year prison sentence, also wholly suspended for five years, under the same conditions. Mathebula is required to repay the actual loss of R134,658 to Sars.
Thokothoko Boven 143 (Pty) Ltd was fined R200,000 for fraud, with the fine wholly suspended for five years on condition that the company does not commit fraud during this period.
The company also received a R200,000 fine for money laundering, similarly suspended for five years under the condition that no further money laundering offences are committed.
Major General Gerber, Provincial Head of the Hawks, commended the investigation team and the prosecution authority for ensuring justice was served.
"We are committed to investigating all crimes within our mandate without fear or favour.
"This case serves as a warning that fraudulent activities will not go unpunished," said Gerber.
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