Man convicted of repeatedly defrauding SARS opted to pay fine in previous sentence

Thokozani Caswell Shongwe has been sentenced to five years’ imprisonment or a R200 000 fine, with half of that sentence suspended. File Picture: Hawks

Thokozani Caswell Shongwe has been sentenced to five years’ imprisonment or a R200 000 fine, with half of that sentence suspended. File Picture: Hawks

Published Aug 29, 2022

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Pretoria – The Nelspruit Commercial Crimes Court has sentenced 41-year-old Thokozani Caswell Shongwe to five years’ imprisonment or a R200 000 fine, of which half of the sentence was suspended.

Additionally, the court ordered Shongwe to pay the SA Revenue Service (SARS) an amount of R160 000 which he unlawfully gained from the state institution.

Hawks spokesperson in Mpumalanga Captain Dineo Lucy Sekgotodi said Shongwe’s sentencing followed an investigation which was established in August 2021 by the Nelspruit-based Hawks’ serious commercial crime investigation unit.

“On 4 August 2021, four accused were arrested and appeared in court for unlawfully claiming undue funds, by submitting false tax returns on behalf of the company Muzithe Trading CC. A total amount of R417 860 was paid from the revenue service into the company’s account and was further transferred into the accused’s personal bank accounts,” said Sekgotodi.

“Phillip Mutikobola Lukhele, 64, and his daughter Valencia Thembelihle Lukhele, 38, both the directors of Muzithe Trading CC further transferred the money from Muzithe Trading CC into their personal bank accounts and other two beneficiaries, Sibusiso Simon Mlambo, 37, and Shongwe.”

In court, Shongwe pleaded guilty and was sentenced last week. The case against the other three accused was postponed to October 14.

In June, the Nelspruit Specialised Commercial Crimes Court sentenced Shongwe, who had been tried on a separate matter with seven other accused. In that separate case, Shongwe unlawfully received R50 000 from SARS.

“He was sentenced to three years’ imprisonment or R200 000 fine, alternatively of which half of the sentence was also suspended for five years. He opted for a fine and was further instructed to pay back the amount of R50 000 to SARS,” said Sekgotodi.

In that case, Shongwe’s co-accused, 31-year-old Pretty Sambo, who received R22 500 from SARS, was sentenced to two years’ imprisonment or A R10 000 fine, of which half of the sentence was suspended.

Sambo was further instructed to pay back the amount of R22 500 to SARS.

Provincial head of the Hawks in Mpumalanga, Major-General Zodwa Mokoena, welcomed Shongwe’s sentencing.

Mokoena “exceedingly” applauded the investigation team and the judiciary, adding that she hoped the sentence would be a deterrent to others.

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