Foreign National Convicted for Counterfeit Goods Offenses

In a recent development, Chetty Thoumaneey, a 46-year-old Indian national, has been found guilty and sentenced by the Emalahleni Magistrates Court for contravening provisions of the Counterfeit Goods Act. The verdict was delivered on Tuesday, April 16, 2024.

The case dates back to July 14, 2022, when a joint operation conducted by the Hawks Middelburg-based Serious Commercial Crime Investigation and members of Adams and Adams counterfeit brand holders took place at Emalahleni Witbank. During this operation, 13 drums of Fusch petroleum counterfeit oil, 1 drum of Castrol counterfeit oil, and 1 drum of Engen counterfeit oil were seized. Subsequently, all 15 drums of counterfeit oil underwent analysis by the respective brand holders.

On August 12, 2022, J175 was served to the accused to appear in court, leading to multiple appearances before the Emalahleni Magistrates Court on charges of contravening the Counterfeit Goods Act.

On April 16, 2024, Ms. Thoumaneey was found guilty and received the following sentences:

Count 1: Contravention of Counterfeit Goods Act – Dealing in counterfeit goods

The accused was sentenced to a fine of R67,000.00 or 3 years imprisonment, wholly suspended for 5 years on the condition that the accused does not commit the same offense during the suspension period.

Count 2: Contravention of Counterfeit Goods – Possession of counterfeit goods

The accused was sentenced to a fine of R3000 or three years imprisonment.

Furthermore, all seized goods are to be handed over to the intellectual property owners/brand holders.

Major General Gerber, the Provincial Head of the Hawks, commended the investigative team for their diligent work, leading to the successful conviction and sentencing of the accused.

This verdict serves as a reminder of the serious consequences associated with counterfeit goods offenses and underscores the commitment of law enforcement agencies to combat such criminal activities.