R40,000 fine for Zimbabwean man who tried to smuggle cigarettes

The Lehurutshe regional court in the North West has sentenced Joseph Kusekwa to 48 months' imprisonment or a fine of R40,000 after finding him guilty of failing to declare goods upon entering South Africa.

Additionally, Kusekwa, 43, from Zimbabwe, received a wholly suspended sentence of 24 months or a fine of R20,000, suspended for five years, on condition that he is not convicted of contravening the provisions of the Customs and Excise Act during the suspension period.

"The conviction stems from an incident on July 21 2023, when a truck with two trailers was stopped and searched at the Skilpadshek port of entry," National Prosecuting Authority spokesperson Sivenathu Gunya said.

Kusekwa granted permission for the search, which led to the discovery of 1,119 master cases of Derby cigarettes concealed in the truck.

"Kusekwa was unable to provide documentation for the cigarettes. A 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."

Kusekwa was arrested and both the truck and cigarettes were seized by customs officials.

"The court heard that had the cigarettes been legally imported, the payable duties would have amounted to R29m. 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 plea and sentencing agreement.

During sentencing, state advocate Cain Nontenjwa emphasised that illicit trade in goods results in significant tax losses and negatively affects the legal cigarette market.