Yasmine Jacobs|Published
A 39-year-old man was sentenced to five years’ direct imprisonment for stealing diesel worth approximately R286,000 using cloned fleet cards linked to government departments and private companies.
Mziwoxolo Mtyeku was sentenced by the Gqeberha Specialised Commercial Crimes Court after pleading guilty to 103 counts of theft and 246 counts of contravening the Cybercrimes Act.
The National Prosecuting Authority (NPA) in the Eastern Cape welcomed the sentence, which follows a diesel theft scheme that operated at various fuel stations across the province between October 6 and 14, 2023.
The court heard that Mtyeku worked with individuals unknown to the State and used 11 cloned FNB fleet cards to obtain diesel unlawfully. The cards were linked to legitimate government departments and private companies.
He used a Toyota Dyna truck fitted with a modified fuel-transfer system to carry out the scheme. The vehicle displayed false registration plates and a false licence disc.
Mtyeku was arrested near Cookhouse, where he was found in possession of cloned fleet cards, false identification documents and numerous fuel-purchase receipts.
The scheme caused financial losses to several victims, including the Eastern Cape Department of Transport, the Department of Correctional Services, the Department of Justice, Tidy Files (SA) (Pty) Ltd and Drinks Dispense Services (Pty) Ltd.
According to the NPA, Mtyeku admitted his involvement in the scheme and told the court that he had acted on the instructions of another individual. He acknowledged knowing that the fleet cards had been cloned and were being used to obtain diesel unlawfully.
He accepted responsibility for his actions and expressed remorse.
Despite Mtyeku’s request for a non-custodial sentence, prosecutor Edmyrach Matabata successfully argued for imprisonment.
The court imposed the sentence in terms of section 276(1)(i) of the Criminal Procedure Act. This provision allows for the possibility of placement under correctional supervision after an offender has served the prescribed portion of the sentence, subject to the applicable requirements.
Eastern Cape Director of Public Prosecutions Advocate Samkelo Mtwana commended the investigating team and prosecutor for ensuring that Mtyeku was held accountable.
“This conviction and sentence demonstrate the effectiveness of a coordinated criminal justice system in combating sophisticated commercial crime,” Mtwana said.
“The NPA remains committed to prosecuting those who exploit financial systems for criminal gain and to ensuring that offenders are held accountable.”
The NPA said the conviction and sentence underscored its commitment to tackling sophisticated commercial crime and holding those responsible for financial offences accountable.
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