MAN SENTENCED TO FIVE YEARS DIRECT IMPRISONMENT FOR ILLICIT CIGARETTES
The Senwabarwana Regional Court has convicted and sentenced a Zimbabwean national, Oliver Mupanga (45), to five (5) years of direct imprisonment for possession of illicit cigarettes and entering the Republic of South Africa without a valid passport. The accused was found in possession of over a thousand cartons of Remington Gold Cigarettes, valued at over R300 000. On the 15 of August 2022, around 01:00 AM on R523 towards Louis Trichardt, the police from Polokwane Highway Patrol Unit spotted a suspicious Toyota Corolla with registration number CMT 730 L, driving at high speed. They tried to stop it while flashing blue lights, but it never stopped.
They decided to chase it until it hit something on the road and come to a standstill, two people alighted from the motor vehicle and ran in different directions. However, the police managed to apprehend the accused, as he was unable to run properly since he has one leg. When the police searched the said motor vehicle, they found 1104 cartons of Remington Gold Cigarettes inside the car. According to an affidavit from the Department of Home Affairs, the accused is illegal in the Country.
The accused was convicted on 23 January 2023, after a guilty plea in respect of both counts, the matter was postponed to 06 February 2023, for arguments on a sentence by both the state and the defence and sentencing. In mitigation of the sentence, the defence lawyer submitted that the accused’s plea of guilty is a sign of remorse, he did not waste the court time. He is crippled, he has one leg and suffering in custody due to his condition. He is a breadwinner with eight children, his wife is unemployed. He has been in custody for six months and he has partly served his sentence. The accused can afford a fine of R20 000.
In aggravation of sentence, the state Advocate Phumudzo Mudau submitted that the accused has been convicted of two offences which are very serious and prevalent within the court’s area of jurisdiction. It is very difficult to apprehend offenders who commit offences of this nature. Count no 1 is a case involving a syndicate, an offence which affects our economy negatively. He further said that the Court should impose a custodial sentence which will deter the accused and other would offenders from committing offences in the future. The accused did not learn any lesson from his previous convictions and punishment. The motor vehicle and cigarettes must be declared forfeited to the state in terms of section 87 of the Customs and Excise Act.
The court sentenced Oliver Mupanga, to 5 years of direct imprisonment, without an option of fine for possession of illicit cigarettes and three months imprisonment, for entering South Africa without a passport, the sentence will run concurrently. The vehicle Toyota Corolla with Registration number CMT 730 L is forfeited to the state. The accused is also declared unfit to possess a firearm.
The National Prosecuting Authority welcomes the sentence and hopes that other would-be offenders will learn from the sentence.
