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Two Mozambican nationals, Jose Carlos Mausse Matsinhe (37) and Ivon Alberto Matsinhe were sentenced on 27 November 2024 by the Boschfontein Regional Court for multiple offences related to the illegal possession of abalone and contravention of South Africa’s immigration laws.
The case unfolded after the Directorate for Priority Crimes Investigation (DPCI) received crucial information regarding a white Isuzu single cab bakkie that was headed towards the border. Acting swiftly on this intelligence, the police stopped the vehicle for a search. In the back of the bakkie, the authorities found five cement bags, two wooden pallets, and two aluminium window frames. However, further inspection revealed something far more alarming.
Hidden beneath what appeared to be bags of potatoes, the officers discovered 11 paper bags containing 108.15 kg of dried abalone, which had an estimated street value of R648,900. The discovery led to the immediate arrest of both Matsinhe brothers, who were charged with violations under the Immigration Act, the Marine Living Resources Act, and the National Environmental Management Biodiversity Act (NEMBA).
The accused appeared in court on several occasions before the sentencing. For the contravention of the Immigration Act, both brothers received sentences of eight years imprisonment, which were wholly suspended for three years. The suspension is contingent on them not violating South Africa’s immigration laws again within that period.
Ivon Matsinhe, the second accused, was also convicted under the Marine Living Resources Act. He was handed a fine of R70,000 or a two-year prison sentence, with one year of that sentence suspended. The court also ruled that the confiscated abalone would be forfeited to the state.
The case was praised by Major General Gerber, the Provincial Head of the DPCI, who commended the diligent work of the investigative team and the successful prosecution of the offenders. However, he expressed concern over the leniency of the suspended sentences, urging that stricter penalties might be necessary to deter future illegal activities of this nature.
While satisfied with the outcome, Major General Gerber also encouraged the public to remain vigilant and continue reporting illegal activities within their communities. He reiterated that the fight against crime remains a priority, and the police would continue their mandate to uphold the law without fear or favour.
Considering the severity of this case, law enforcement will continue to monitor the illegal trade in abalone, which has been a growing concern for both environmental and national security in South Africa. The successful prosecution and sentencing of the Matsinhe brothers serve as a reminder of the ongoing battle against organised crime and illegal trade activities.
