A Gauteng man who was found guilty of defrauding the South African Revenue Services (SARS) has been been sentenced to an effective seven years behind bars.
The Johannesburg Specialised Commercial Crimes Court found S’phamandla Mbekiseni Sibiya guilty on seven counts of fraud.
They found that he was guilty ‘beyond a reasonable doubt’ the National Prosecuting Authority (NPA) said, even though Sibiya maintained his innocence during the trial.
He insisted that someone else had used his identity document to commit the fraud.
Explaining the merits of the case, NPA spokesperson in Gauteng, Phindi Mjonondwane said Sibiya registered his company, which he used to perpetrate the offences against the fiscus and claimed an amount of R3 million.
“The SARS auditors intervened and stopped the payment.”
The NPA said Sibiya initially pleaded guilty to the charges in 2023, but later changed his plea to one of not guilty.
“The State proceeded with the trial calling two witnesses. The accused blamed someone else who as he alleged, got hold of his identity document and used it to commit the fraud.”
The NPA said in finding the accused guilty of seven counts of fraud, the court found that the accused’s version was false beyond any reasonable doubt.
Mjonondwane said during aggravation of sentencing senior state advocate, Busisiwe Mofokeng, argued the only appropriate form of sanction is direct imprisonment, since the accused had submitted these fraudulent VAT returns over a period, a fact which proved premeditation and careful onslaught against the fiscus.
“Mofokeng further argued that the socio-economic impact caused by people of similar mentality such as the accused, not only affects SARS and the government but is an attack on the people of South Africa.”
IOL News