A 43-year-old man was given a two-year prison sentence or a fine of R40 000 for attempting to cross the border with cigarettes without the required paperwork.
The Lehurutshe regional court in the North West sentenced Joseph Kusekwa, a Zimbabwean national, for smuggling the cigarette packs into South Africa.
The 43-year-old was taken into custody in July 2023 after officials at the Skilpads Hek port of entry stopped and searched his truck.
Kusekwa’s arrest followed his approval for the search, which netted 1 119 cases of Derby cigarettes.
The court found him guilty of not declaring goods when he arrived in South Africa.
Kusekwa was also given a fine of R20 000 suspended for five years or a completely suspended sentence of 24 months, provided he is not found guilty of violating any of the provisions of the Customs and Excise Act 91 of 1964 during that time.
R29-million in duties
The cigarettes were not declared in accordance with the Customs and Excise Act, according to a South African Revenue Service (SARS) customs officer who was dispatched to the scene, even though they complied with the regulations of the Tobacco Product Control Act.
The court heard that R29-million in duties would have been due if the cigarettes had been imported lawfully.
However, because the products were stopped before they could reach the illegal local market, SARS did not directly lose money.
Kusekwa entered a guilty plea in court under the terms of a Section 105A Plea and Sentence Agreement.
Advocate Cain Nontenjwa, the state prosecutor, stated during sentencing that the illegal trade in goods has a detrimental effect on the legal cigarette market and causes large tax losses.
Rachel Makhari, the director of public prosecutions in the North West, welcomed the sentence and emphasised how crucial it is to enforce South Africa’s tax laws in order to maintain justice and deter non-compliance.
