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Media Statement MPUMALANGA – Smangaliso Innocent Khoza (40), a director of four companies, was found guilty and sentenced by the Nelspruit Specialised Commercial Crime Court on Friday, 08 November 2024 for Contravening Section 6(a) of the Prevention of Organised Crime Act, Act 121 of 1998-money laundering, contravening the provisions of Sections 235(1)(a) of the Tax Administration Act, Act 28 of 2011 and contravening Section 4(b) read with Sections 1 and 8 of the Prevention of Organised Crime Act, Act 121 of 1998-money laundering. Accused was sentenced on the charges as follows: Count 1: One (1) x charge of contravening Section 6(a) of the Prevention of Organised Crime Act, Act 121 of 1998-money laundering. Count 1: Sentenced as follows: R 30 000.00 fine or 60 months imprisonment which is suspended for five (5) years on condition that accused not be convicted on charges of contravening Section 6 of the Prevention of Organised Crime Act, Act 121 of 1998- Money laundering committed during the period of suspension. Count 2 to 6: Five (5) x charges of contravening the provisions of Section 235(1)(a) of the Tax Administration Act, Act 28 of 2011. Count 2: Sentenced as follows: R 60 000.00 fine or 12 months imprisonment. A further 18 months imprisonment which is wholly suspended for a period of five years’ on condition that accused compensates the complainant, the South African Revenue Service in the amount of R 554 085.22. Count 3: Sentenced as follows: R 100 000.00 fine or 20 months imprisonment. These counts are taken together for purposes of sentence. A further three years’ imprisonment is wholly suspended for five years’ on condition that accused not be convicted on charges of contravening the provisions of Section 235 (1)(a) of the Tax Administration Act, Act 28 of 2011, committed during the period of suspension. Count 4: Sentenced as follows: R 60 000.00 or 12 months imprisonment. A further four years’ imprisonment which is wholly suspended for five years’ on condition that accused compensates the complainant, the South African Revenue Service in the total amount of R 1 980 595.50 Count 7 to 12: Six (6) x charges of contravening Section 4(b) read with Sections 1 and 8 of the Prevention of Organised Crime Act, Act 121 of 1998-money laundering. Count 7: Sentenced as follows: R 30 000.00 fine or 60 months imprisonment of which half R 15 000.00 or 30 months imprisonment is suspended is suspended for five years’ on condition that accused not be convicted on charges of contravening Section 4 of the Prevention of Organised Crime Act, Act 121 of 1998- money laundering committed during the period of suspension. Count 8, 11 & 12: Sentenced to R 60 000.00 fine or 120 months imprisonment of which half is suspended for five years’ on condition that accused not be convicted on charges of contravening Section 4 of the Prevention of Organised Crime Act, Act 121 of 1998 – money laundering committed during the period of suspension. These counts are taken together for purpose of sentence. Count 9 & 10: Sentenced as follows: R 40 000.00 or 40 months imprisonment of which half is suspended for five years’ on condition that accused not be convicted on charges of contravening Section 4 of the Prevention of Organised Crime Act, Act 121 of 1998 committed during period of suspension. The court ordered that the accused to pay the amount of R300 000.00 fine to the State in the account of the Nelspruit Magistrate Court on 08 November 2024. Advocate Kobus Van Der Walt submitted application for confiscating order in terms of Section 18 of POCA on date of conviction- Inquiry to be held on entities/companies blacklisted by the South African Revenue Service not to render any service. The case against the beneficiaries was postponed to 26 November 2024 for possible plea. The Provincial Head of the Directorate for Priority Crime Investigation Major General Gerber, applauded the investigator for the quality of investigation carried out which lead to the conviction. “As the Hawks, we shall carry out our mandate by preventing, combatting and investigating all National Priority crimes, without fear and favor”, The General further commended the prosecution authority for the good and pleasing sentence imposed on the accused. “We believe that this type of sentence will send a clear message to those would be fraudsters, he concluded. Ends
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