By KEDIBONE MOLAETSI
2 April 2025- A Zimbabwean man was sentenced to 48 months imprisonment or to a fine of R40 000 by the Lehurutshe Regional Court for contravening the provisions of the Customs and Excise Act 91 of 1964. In addition, the accused, Joseph Kusekwa (43) received a wholly suspended sentence of 24 months or a fine of R20 000 suspended for five years on the condition that he is not convicted of contravening the provisions of the Customs and Excise Act 91 of 1964 during the suspension period.
The National Prosecuting Authority (NPA) regional spokesperson in the North West, Sivenathi Gunya said Kusekwa was convicted of failing to declare goods upon entering South Africa. Gunya said the conviction stems from an incident on 21 July 2023, when a truck with two trailers was stopped and searched at the Skilpadshek Port of Entry.
“The driver, Kusekwa granted permission for the search, which led to the discovery of 1119 master cases of Derby cigarettes concealed in the truck. Kusekwa was unable to provide documentation for the cigarettes.
“A South African Revenue Service (SARS) customs officer called to the scene, confirmed that while the cigarettes complied with the Tobacco Product Control Act Regulations, they were not declared in terms of the Customs and Excise Act,” he said.
Gunya further said, Kusekwa was arrested and both the truck and cigarettes were seized by customs officials. He added that, the court heard that had the cigarettes been legally imported, the payable duties would have amounted to R29 million.
“However, SARS suffered no direct financial loss since the goods were intercepted before reaching the illicit local market. In court, Kusekwa pleaded guilty in terms of a Section 105A Plea and Sentence Agreement.
“During sentencing, the state prosecutor, advocate Cain Nontenjwa, emphasized that illicit trade in goods results in significant tax losses and negatively impacts the legal cigarette market,” said Gunya.
Meanwhile, the Director of Public Prosecutions in North West, Dr Rachel Makhari, commended the efforts of law enforcement and the prosecution team. Makhari stressed the importance of enforcing South Africa’s tax laws to uphold justice and prevent non-compliance.
“The National Prosecuting Authority (NPA) reaffirmed its commitment to combating illicit trade and ensuring adherence to customs regulations,” she said.
The Guardian 