The Giyani Specialised Commercial Crimes Court has convicted and sentenced Zimbabwean nationals for possession of illicit cigarettes and for being in the country illegally.
Phathisnai Khumalo, 27, was sentenced to five years imprisonment or a fine of R1-million for possession of illicit cigarettes, while 24-year-old Victor Sithole was sentenced to two years imprisonment or a fine of R5 000 for illegal immigration.
Mashudu Malabi-Dzhangi, spokesperson for National Prosecuting Authority in Limpopo, said Khumalo was found with illicit cigarettes worth over R2-million.
“On 30 September 2022, the flying squad unit spotted an Isuzu truck along the N1 road offloading illicit cigarettes to another small vehicle. They searched the truck and found 141 master boxes of Remington Gold cigarettes covered with Lucerne grass,” said Malabi-Dzhangi.
Khumalo was the driver of the truck and Sithole was just a passenger. Khumalo took the responsibility for the cigarettes and declared Sithole innocent.
Malabi-Dzhangi said in mitigation of the sentence, the defence lawyer submitted that Khumalo is a first-time offender, pleaded guilty as a sign of remorse, and that the accused have been in custody since September 2022.
The defence further said Khumalo is married with three children, a breadwinner and can only afford a fine of R100 000, whereas Sithole is not married but has two minor children.
Malabi-Dzhangi added that the Isuzu truck and 141 master boxes of Remington Gold cigarettes have been forfeited to the state, saying the accused were also declared unfit to possess a firearm.
“In aggravation of sentence, state advocate 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,” noted Malabi-Dzhangi.
Mudau highlighted that the value of the illicit cigarettes was too high, and asked that a strong message be sent to other would-be offenders.
“These activities also rob the country of much-needed revenue that enables the government to deliver basic services to the poor and vulnerable. Legitimate dealers and manufacturers of cigarettes also lose a lot of money,” Mudau said.
The director of public prosecutions’ advocate Ivy Thenga applauded the good work of Mudau, the SA Revenue Service, and the police for the convictions and sentences.
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