A 54-year-old Zimbabwean truck driver faces the prospect of five years behind bars after being fined R10 million for transporting illicit cigarettes worth more than R10.4 million through the Beitbridge border post.
Godknows Mangani Demanyundo was sentenced by the Giyani Magistrate’s Court after a consignment of Chelsea cigarettes was discovered concealed inside a tanker during routine cargo scanning operations in June 2025.
But what happens if the truck driver cannot afford to pay the multimillion-rand fine?
What happens if the truck driver cannot pay?
According to the Hawks, Demanyundo was sentenced to a fine of R10 million or five years’ imprisonment.
This means imprisonment is the alternative specified in the reported sentence if the fine is not paid.
However, the precise consequences and any available options must be determined from the court order and applicable law.
Section 287 of South Africa’s Criminal Procedure Act 51 of 1977 provides for imprisonment as an alternative to paying a criminal fine.
The legislation also addresses situations in which a fine is not paid in full or cannot be recovered.
The court may have powers to take further action in accordance with the Act.
The reported sentence does not establish whether Demanyundo has paid any portion of the fine or whether he has sought any alternative arrangement.
Can a court allow the truck driver to payment in instalments?
South African law makes provision for certain arrangements involving criminal fines.
Section 297(5) of the Criminal Procedure Act allows a court to suspend payment of a fine until a specified date, subject to the statutory time limit, or to order payment in instalments over a period of up to five years.
However, this is not an automatic entitlement for every person who receives a fine.
Whether such an arrangement is available in Demanyundo’s case would depend on the circumstances and the applicable sentencing provisions.
The reported court outcome does not indicate that an instalment arrangement was granted.
Truck and tanker also forfeited to the state
The financial consequences of the conviction extend beyond the R10 million fine.
The Giyani Magistrate’s Court ordered that the illicit cigarettes, along with the truck and tanker trailer used to transport them, be forfeited to the state.
The truck driver was also declared unfit to possess a firearm.
The Hawks’ Serious Commercial Crime Investigation unit in Musina led the investigation after a South African Revenue Service cargo analyst identified suspicious images during routine scanning at the Beitbridge crossing.
A subsequent physical inspection by the South African Police Service and the Border Management Authority uncovered 500 master boxes, seven cartons and six packets of cigarettes valued at more than R10.4 million.