MPUMALANGA - Dlami Trading cc and Collen Mlungisi Nkosi, 43-years-old, charged with fraud, theft or alternatively contravening the provisions of Section 235 of the Tax Administration Act, the Prevention of Organized Crime Act, Act 121 of 1998 prejudicing the South African Revenue Service, causing an actual loss amount of R 950 090.07, finalised yesterday in the Specialised Commercial Crime Court in terms of Section 105 A guilty Plea, convicted, found guilty and sentenced as follows :
-Accused no 1: Dlami Trading cc sentenced to:
R 500 000.00, wholly suspended for 5 years on condition that accused is not convicted and found guilty again of Fraud or contravening section 4,5,6 &amp;amp;amp; 8 of the Prevention of Organized Crime Act, Act 121 of 1998 and contravening section 235 of the Tax Administration Act, Act 28 of 2011 in the period of suspended sentence.
-Accused no 2: Collen Mlungisi Nkosi, director and sole member of Dlami Trading cc, in his personal capacity, sentenced to:
-R 140 000.00 or 5 years imprisonment of which R 100 000.00 or 4 years imprisonment suspended for 5 years on condition that accused not be convicted of fraud or contravening section 4, 5, 6 &amp;amp;amp; 8 of the Prevention of Organized Crime Act, Act 121 of 1998 and contravening section 235 of the Tax Administration Act, Act 28 of 2011 in period of suspended sentence and further conditions:
-That accused no 2 Collen Nkosi to pay back the amount of
R 707 590.09 to the South African Revenue Service.
R 40 000.00 to be paid yesterday and the balance in instalments of Conviction and sentence:
R 3000.00 per month before the 7th of each month until the balance is paid off.
The sentence followed the arrest by the Hawks Nelspruit based Serious Commercial Crime Investigation on 08 March 2021 for fraud and theft after a warrant for his arrest was issued by the court. It was reported that in June 2017, the accused fraudulently submitted false Employee Tax Certificate (IRP 5) documents to South African Revenue Service, prejudicing the Revenue Service by claiming on behalf of his company, Dlami Trading CC, causing an actual loss of R950 090.07 to SARS.
The accused appeared before the Nelspruit Commercial Court today and he was released on R20 000-00 bail until he was sentenced today.
Trial was separated from the other six co-accused and their case was postponed to 1 June 2022 for their agreement to a Section 105 A guilty Plea.
The Provincial Head of the Directorate for Priority Crime Investigation Major General Zodwa Mokoena applauded the phenomenal drudgery by the investigating officer by arresting all eight accused and managed to link them until all pleaded guilty and convicted. She further alluded that the Hawks will do everything in their powers to bring every perpetrator before the court of law, she concluded.
Source: South African Police Service