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A 38-year-old businesswoman from Mbombela has been sentenced to 36 months’ direct imprisonment for fraud by the Mpumalanga Specialised Commercial Crimes Court.
Philisiwe Miriam Pretty Lephoko, the sole director of Premax Trading 43 CC, was convicted on 15 July under Section 276(1)(i) of the Criminal Procedure Act. Her company was also fined R100 000, though the fine was wholly suspended for five years, on the condition that no further fraud or theft is committed during that period.
According to Monica Nyuswa, spokesperson for the National Prosecuting Authority (NPA) in Mpumalanga, Lephoko fraudulently submitted Pay-As-You-Earn (PAYE) returns to the South African Revenue Service (Sars) in February 2019, which resulted in an undue payment of R464 550.28 into her company’s bank account.
The fraudulent activity was uncovered during a routine Sars audit, which led to Lephoko’s arrest in 2023. During the trial, she pleaded not guilty and claimed to be a victim of cybercrime, but this version of events was dismissed by the court due to the overwhelming evidence presented.
Advocates Ntwanano Singwane and Kutullo Nyakane led the prosecution, submitting both oral and documentary evidence from Sars and the bank, demonstrating how Lephoko transferred R200 000 from the Premax Trading account into her personal bank account after the false refund was paid.
In handing down the sentence, the court found that Lephoko showed no remorse for her actions and instead continued to shift the blame, despite the evidence stacked against her. The magistrate remarked that tax-related fraud is increasingly prevalent in the province and that the sentence should serve as a strong deterrent to would-be offenders.
Nyuswa welcomed the sentence, stating that the NPA remains committed to prosecuting those who defraud state institutions. “This case sends a clear message that fraudulent activities, particularly against tax authorities, will not go unpunished,” she said.
The public is urged to report suspicious tax activities to Sars or the relevant law enforcement authorities.
