NPA SECURES FIVE-YEAR DIRECT IMPRISONMENT FOR DIESEL THEFT USING CLONED FLEET CARDS

GQEBERHA: The National Prosecuting Authority (NPA) in the Eastern Cape welcomes the five-year term of direct imprisonment imposed by the Gqeberha Specialised Commercial Crimes Court on Mziwoxolo Mtyeku (39), following his conviction on 103 counts of theft and 246 counts of contravening the Cybercrimes Act.

Mtyeku pleaded guilty and admitted his participation in the diesel theft scheme. He told the court that he acted on the instructions of another individual and knew that the fleet cards were cloned and were being used to obtain diesel unlawfully. He accepted responsibility for his conduct and expressed remorse.

Despite Mtyeku's request for a non-custodial sentence, prosecutor Edmyrach Matabata successfully argued for a custodial sentence. The court sentenced him in terms of section 276(1)(i) of the Criminal Procedure Act, under which he may be considered for placement under correctional supervision after serving the prescribed portion of his sentence.

The court heard that between 6 and 14 October 2023, Mtyeku acted in concert with persons unknown to the State and used 11 cloned FNB fleet cards, linked to legitimate government departments and private companies, to unlawfully obtain diesel from various fuel stations across the Eastern Cape.

He used a Toyota Dyna truck fitted with a modified fuel-transfer system and displaying false registration plates and a false licence disc.

Upon his arrest near Cookhouse, Mtyeku was found in possession of cloned fleet cards, false identification documents, and numerous fuel-purchase receipts. Diesel valued at approximately R286 000 was unlawfully obtained through the scheme.

The victims included the Eastern Cape Department of Transport, Department of Correctional Services, Department of Justice, Tidy Files (SA) (Pty) Ltd and Drinks Dispense Services (Pty) Ltd, all of which suffered financial prejudice because of the scheme.

Welcoming the sentence, Eastern Cape Director of Public Prosecutions, Advocate Samkelo Mtwana, commended the investigating team and prosecutor for ensuring that the offender was held accountable.

“This conviction and sentence demonstrate the effectiveness of a coordinated criminal justice system in combating sophisticated commercial crime. The NPA remains committed to prosecuting those who exploit financial systems for criminal gain and to ensuring that offenders are held accountable,” said Advocate Mtwana.

Issued by:

Luxolo Tyali

Regional Spokesperson: Eastern Cape Division

National Prosecuting Authority (NPA