Mbaso Trading Enterprise cc CONVICTED AND SENTENCED FOR FRAUD AND THEFT

By Thabiso Nkuna

 The Nelspruit Specialized Commercial Crimes Court, Prosecutor Advocate Mashimbyi (STU), found and sentenced “Mbaso Trading Enterprise cc” guilty of fraud, theft, or violating Section 234 (2)(a) of the Tax Administration Act, Act 28 of 2011, or Section 58(c) of the Value Added Tax Act, Act 89 of 1989. This occurred on Thursday, July 11, 2024. The Nelspruit-based Serious Commercial Crime Investigation conducted the investigation that led to the sentencing.

It is claimed that accused No. 2 Matron Lindiwe Nkuna (53), the only signatory and director of a close business named “Mbaso Trading Enterprise cc,” neglected to register as a value-added tax vendor with the South African Revenue Services in July 2020. The accused failed to register as a Value Added Tax vendor, despite the Department of Rural Development and Land Reform awarding the company a tender of R 3 781 922.30.  Mbaso Trading Enterprise cc proved to the Department that it was qualified to submit a R 464 446.66 invoice to the Department of Rural Development and to make a VAT claim.

accused of acting dishonestly and with the intention of defrauding the South African Revenue Services and the Department of Rural and Land Reform, resulting in a loss of R 3 781 922.30, which was covered by the Department of Rural Development and Land Reform. After the moneys were deposited into the business account, the accused transferred some of the funds multiple times into her personal bank account. The Hawks were notified of the situation so they could look into it.  After an inquiry, the two were connected to the case. An arrest warrant was approved and carried out.  After being charged, the accused and their group were given bail. They made multiple court appearances before receiving a sentence.

In accordance with a Section 105 A guilty plea, the Nelspruit Specialized Commercial Crimes Court judged the firm guilty on Thursday, July 11, 2024, and sentenced it as follows: The Value Added Tax Act, Act 89 of 1989, has a Section 58(c) that must not be violated, or there would be a R 10,000.00 fine suspended for three years. As the prosecutor informed the court, No. 2 Matron Lindiwe Nkuna was not guilty of the fraud and money laundering accusations against her; instead, she will be charged in connection with another corruption case in which the Department of Rural Development and Land Reform is the complainant.