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Court sentences thieves’ hefty 15-year sentences for theft of crude oil and damage to infrastructure

Once the hired driver realised that they were stealing, he notified his employer (the truck owner), and Mathabatha and Ndlovu were arrested.

Boitumelo Mathabatha and MacDonald Ndlovu have been handed a 15-year jail sentence each for the theft of crude oil as well as tampering with and/or damaging essential infrastructure by the Newcastle Regional Court.

Natasha Ramkisson-Kara, NPA Regional spokesperson (KZN Division), said the crude oil had an estimated value of R400 000 and the damage to infrastructure was about R11 million.

Kara said police were notified of an abandoned truck found in a field in Newcastle on July 20, 2021.

“The truck was empty, but the keys were in the ignition, and there were two trailers attached to the truck. There was a fuel pipe attached to the truck and a freshly dug hole in the ground next to the truck. It was discovered that the tankers were filled with crude oil that the accused had accessed by digging into an extensive underground pipeline belonging to Transnet,” she said.

The accused had allegedly hired the truck and the driver to carry out their elaborate theft.

Once the hired driver realised that they were stealing, he notified his employer (the truck owner), and Mathabatha and Ndlovu were arrested.

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In court, Advocate Kogi Ramkilawon, for the state, led the evidence of the truck driver and truck owner.

“Cellphone evidence proved vital for the state as it linked the accused directly to the crime.”

In aggravation of the sentence, Ramkilawon told the court that the offense was a premeditated one and was most likely linked to a syndicate operation. She also said that damage to infrastructure has a huge impact on the country.

Ramkilawon also led the evidence of a manager from Bidvest who assisted Transnet with security.

In his testimony, the court heard that it costs the state several million of rands to repair damaged essential infrastructure and that it takes soil about 20 years to recover from crude oil spillages.

Mathabatha and MacDonald were sentenced to 12 years imprisonment for theft and 15 years imprisonment for tampering and/or damaging essential infrastructure.

Since the sentences will run concurrently, they will serve an effective sentence of 15 years imprisonment.
They were also declared unfit to possess a firearm.

In addition to the sentence, the Asset Forfeiture Unit of the NPA in KZN was granted a preservation order for an amount of approximately R49 000 in cash and a Toyota Fortuner.

The asset forfeiture aspect was dealt with by Adv. Nazreena Sayed, while Adv. Ramkilawon was assisted in court by Adv. Valisha Dafel.

Adv. Elaine Harrison, the Director of Public Prosecutions in KwaZulu-Natal, said: “The damage caused and theft of fuel from the fuel pipeline causes major financial losses to the economy. Every successful prosecution is indicative of law enforcement agencies addressing the issue. We will continue to vigorously address this crime to ensure that more cases are investigated and successfully prosecuted.

“This matter demonstrates the positive results yielded through effective collaboration between the AFU, prosecutors, and the DPCI.

“Working together, we can take the profit out of crime. We congratulate all colleagues and stakeholders who ensured this successful prosecution,” she concluded.



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