Mbombela business owner convicted of fraud
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.
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But defence attorney Pierre du Toit successfully argued that there was no evidence of fraud, deception, or intent to mislead SARS.'This case is not about millions of rands, it is about millions of assumptions,' Du Toit told the court during closing arguments. 'The burden is on the State to prove guilt, and it has failed to do so in spectacular fashion.' He cited landmark cases including *State versus Prinsloo* and *State versus Futche*, which require a demonstration of clear intent to commit fraud — a standard the court agreed had not been officials admitted under cross-examination that they had no direct proof of falsified entries, and Rose testified that all bookkeeping was done using standard software and practices. 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