MEN SENTENCED TO DIRECT IMPRISONMENT FOR POSSESSION OF ILLICIT CIGARETTES
The Giyani Specialised Commercial Crimes Court has convicted and sentenced two Zimbabwean nationals, Phathisani Khumalo (27) was sentenced to five years imprisonment or a fine of R1 million rands for possession of illicit cigarettes valued at over R2 million, and Victor Sithole (24), sentenced to two years imprisonment or a fine of R5000, for illegal immigration.
On 30 September 2022, the police of the Limpopo Flying Squad Unit found an Isuzu truck along the N1 road, which was offloading illicit cigarettes to another small vehicle. They searched the truck and found 141 master boxes of Remington Gold cigarettes covered with Lucerne grass. Khumalo was the driver of the truck and Sithole was just a passenger. Khumalo took the responsibility for the cigarettes and declared Sithole innocent.
In mitigation of the sentence, the defence lawyer submitted that the accused person is a first-time time offender, pleaded guilty as a sign of remorse, and they have been in custody since September 2022. He further said that Khumalo is married with three children, is a breadwinner and can only afford a fine of R100 000. Sithole is not married but has two minor children. The Isuzu truck and 141 master boxes of Remington Gold cigarettes are forfeited to the state, and the accused are also declared unfit to possess a firearm.
In aggravation of sentence, the state Adv. Phumudzo Mudau submitted that the accused persons have been convicted of very serious offences which are very prevalent within the court’s area of jurisdiction. They are not remorseful, and the state has a watertight case against them. The value of illicit cigarettes is too high, and a serious message should be sent to potential offenders by imposing a harsh sentence. It is difficult to apprehend offenders who commit offences of this nature. He then said that the trade in illicit cigarettes destroys our local economy and contributes to the shedding of jobs. These activities also rob the country of much-needed revenue that enables the government to deliver basic services to the poor and vulnerable. He further said that legitimate dealers and manufacturers of cigarettes also lose a lot of money.
The Director of Public Prosecutions Adv. Ivy Thenga applauds the good work of Adv. Mudau, SARS and the Limpopo Flying Squad unit. We hope that offenders of such crimes will learn from the sentence.
