FINE OF R5 MILLION/DIRECT IMPRISONMENT FOR POSSESSION OF ILLICIT CIGARETTES AND CORRUPTION
Two Zimbabwean nationals, Marshall Masiya(32) and Oswald Raisi (27), were sentenced by the Polokwane Specialised Commercial Crimes Court for possession of illicit cigarettes and corruption. Masiya was sentenced to 18 months imprisonment for illegal immigration, and Raisi to five years imprisonment or a fine of R5 million for possession of illicit cigarettes valued at R9 million- and eight (8) years imprisonment for corruption.
It is alleged that on 20 May 2023, at the Beitbridge border, the SARS officials conducted an inspection and noticed that the number of goods declared on the document and the load on the truck did not correspond. They then redirected the truck to the inspection ramp and unpacked the load. They found 440 master boxes of illicit cigarettes amounting to R9,6 million, hidden under the cotton oil cake. Raisi offered the SARS official R30 000, as a gratification to prevent him from inspecting and searching the truck. The official then called the police officers and the accused were arrested. During the trial, the accused pleaded guilty to the charges and the court found them guilty as charged.
In aggravation of sentence, Advocate Phumudzo Mudau, submitted that the accused have been convicted of very serious offences which are very prevalent within the court’s area of jurisdiction. The accused were not remorseful. The value of cigarettes is too high, and a serious message should be sent to potential offenders by imposing harsher sentences. There is a huge cry in society that the courts must address corruption by imposing harsher sentences. The state prayed to the court to impose a custodial sentence for corruption. The accused were sentenced, and the Renault truck and two trailers respectively, and 444 master boxes of Remington Gold cigarettes were forfeited to the state and the accused were declared unfit to possess a firearm.
The Director of Public Prosecutions Adv. Ivy Thenga welcomes the sentence and remarked that the sentence would indeed send a strong message to would-be offenders. She further commended the good work of Adv. Phumudzo Mudau and Adv. Tebogo Mothapo of Specialised Tax Unit together with the investigating officer Sergeant Singo, from Musina police station.
