Mbombela business owner convicted of fraud

A 38-year-old woman has been sentenced to 36 months’ imprisonment for fraud by the Mpumalanga Specialised Commercial Crimes Court in Mbombela on Tuesday, July 15.

Philisiwe Miriam Pretty Lephoko, the sole director of Premax Trading 43 CC, was convicted under Section 276(1)(i) of the Criminal Procedure Act. Her company was also fined R100 000, a fine wholly suspended for five years on condition that she is not convicted of fraud or theft during this period.

According to the National Prosecuting Authority’s (NPA) provincial spokesperson, Monica Nyuswa, Lephoko submitted fraudulent Pay-As-You-Earn returns to the South African Revenue Service (Sars) in February 2019, resulting in an undue payment of R464 550.28 into the company’s account. The fraud was uncovered during a Sars audit, leading to her arrest in 2023.

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Nyuswa said Lephoko pleaded not guilty and claimed to be a victim of cybercrime. However, the court rejected this version. Advocates Ntwanano Singwane and Kutullo Nyakane presented oral and documentary evidence from Sars and the bank, detailing how Lephoko transferred R200 000 from the Premax account into her personal account.

“The court found the State’s witnesses credible and reliable, and dismissed the accused’s explanation as a theoretical defence with no substance,” said Nyuswa.

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In sentencing, the court noted Lephoko showed no remorse and continued to shift blame despite overwhelming evidence. It also emphasised the prevalence of tax-related fraud and the need for a strong deterrent.