ACCUSED SENTENCED TO R200 000.00 OR TWO YEARS IMPRISONMENT FOR CONTRAVENTION OF THE CUSTOMS & EXCISE ACT- COUNTERFEIT GOODS
MPUMALANGA-Bento Abilio Cuna(40), Mozambican citizen, was found guilty and sentenced by the Mbombela Specialised Commercial Crime Court on Monday, 11 March 2024, after he was arrested by Lebombo Border Police, Lebombo Customs and Excise, the Hawks Nelspruit based Serious Commercial Crime Investigation, Mpumalanga.
It is alleged that on Saturday, 04 November 2023, at about 03:20, Cuna, a Mozambican citizen, entered the Lebombo Port of Entry, from Mozambique into the Republic of South Africa, driving a Volvo truck with two tipper trailers. The truck was stopped and searched.
During the search, counterfeit goods (tekkies & clothes) with an estimated street value of R 5 973 200.00 were found on the back of the trailers. The accused was then arrested and detained. The counterfeit goods, including the truck & trailers were confiscated and impounded at the Customs warehouse for safe keeping.
Section 212 affidavits were obtained from the brand holders.
The investigation has been finalised for court proceedings and the State successfully opposed bail. The owner of the truck also testified in the bail hearing regarding the employment of the driver.
The investigation was finalised and the accused was sentenced to a R200 000.00 fine or 2 years imprisonment, of which half is suspended for 5 years, on condition that accused is not found guilty on charges of contravening the provisions of Section 80(1)(a) of the customs and excise Act, Act 91 of 1964.
The counterfeit goods was forfeited to the state.
The owner of the truck and trailers also had to pay a penalty fine and storage fees to SARS Customs to the amount of R135 000.00
The Provincial Head of the Hawks Major General Gerber applauded the team for speedy finalization of the investigation and conviction.
