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Media Statement MPUMALANGA – Mr Pholosa Gavin Mokoena (31) was found guilty and convicted by the Middelburg Regional Court for defrauding, theft, concealing /conspiring with and assisting unknown persons /acquiring money in the total of R148 615.75 belonging to Dolphin Print or Mr Andries Harmse of Dolphin Print. On 22 June until 5 July 2016, the accused acted in common purpose with unknown people, unlawfully, falsely and with intent to defraud, misrepresented to the complaint, Mr Andries Harmse of Dolphin Print, that the Department of Health had contracted Dolphin Print to supply Y2K Solar Geyser whereas the accused knew that the contract was non-existent. The accused induced Mr Harmse to pay R148 615.75 for Y2K Geyser. It was misrepresented to Mr Harmse that HM Manufacturering was the supplier of Y2K Geyser. During July 2016, the matter was reported to the police and a case was opened and later handed over to the Hawks’ Middelburg based Serious Commercial Crime Investigation for further investigation. During the investigation, Mr Mokoena was linked to the case and charged as follows: Counts 1: Fraud, alternative Theft / Contravention of Sec18(2) of Riotous Assemblies Act 17 of 1956( compirancy to commit an offense). Count 2: Contravening Section 4(b) read with Sections 1, 7A and 8 of the Prevention of Organised Crime Act POCA), Act 121 of 1998. Alternative count: Money Laundering – Contravening Section 5 as read with Sections 1, 7A & 8 of POCA. 2nd alternative count: Money Laundering – Contravening Section 6 as read with Sections 1, 7A & 8 of the POCA. Investigation was finalized, and the accused was sentenced by the Middelburg Regional Court on Thursday, 30 May 2024. He was found guilty on the 1st alternative count (theft) and all second alternative counts (money laundering) and sentenced as follows: He was sentenced to 4 years imprisonment wholly suspended for five years on condition that the accused is not convicted of theft or contravening Sections 4, 5 or 6 of the Prevention of Organized Crime Act. He was declared unfit to possess a firearm in terms of Section 103 of the Fire Arms Control Act. The matter was postponed to 9 July 2024 for Public Prosecutor’s application for confiscation inquiry in terms of Section 18(1) of POCA. The Provincial Head of the Hawks Major General Gerber applauded the collaborative efforts by the investigative team and prosecution authority for ensuring that justice prevailed. Ends
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