MBOMBELA – Ex-clerk, Mthobisi Mashabane, and Sipho James Mabunda from Mabunda and Sons Trading were charged and convicted in the Nelspruit Magistrate’s Court on two counts of fraud to the total value of R50 330.
Mashabane and Mabunda pleaded guilty to the crimes committed between July 13 and September 26, 2012.
The court heard that on July 13 Mashabane processed, approved and submitted false claims of R18 650 to the SAPS in the name of Mabunda and Sons, and again on September 26 another false claim was made to the value of R31 680.
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“The SAPS fully paid for the two false claims totaling R50 330 into the bank account of Mabunda and Sons, while the two accused shared the illegal proceeds,” said Provincial National Prosecuting Authority (NPA) spokesperson, Ms Monica Nyuswa.
Nyuswa added that on March 7 the NPA’s Asset Forfeiture Unit (AFU) obtained a court order from the local Mbombela Civil Circuit High Court against Mashabane. The unit was authorised to seize a Volkswagen Polo from the former clerk as well as other realisable assets to the value of about R57 500.
Mashabane appeared in the district court B for AFU confiscation proceedings and started his sentence on March 8.
Also read: Admin Clerk released on bail.
The AFU obtained a confiscation order, in terms of the Prevention of Organised Crime Act 121 of 1998, against Mashabane equal to the benefit that he derived from the fraud offences. In terms of the provisions of the confiscation order, Mashabane was granted 14 days to pay the full amount of R50 330 to the victim of the fraud offences, namely the SAPS.
“If Mashabane failed to pay back the money to the SAPS, the AFU would have proceeded to sell his VW Polo per public auction and pay the proceeds thereof to the SAPS as the victim. However, he fully complied with the provisions of the confiscation order and paid back the full amount of R50 330 that was defrauded from the SAPS,” explained Nyuswa.
Mashabane was sentenced to three years’ imprisonment which would be suspended for five years on condition that he does not get convicted for fraud and/or theft during the period of the suspension.
“The SAPS and the AFU are committed to combat commercial crime in Mpumalanga and will proceed to use the provisions of the Prevention of Organised Crime Act as an effective tool in addressing these types of crimes,” Nyuswa added.
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