FUNERAL DIRECTOR SENTENCED TO TEN YEARS' IMPRISONMENT FOR THEFT AND LAUNDERING OF THE ELDERLY WOMAN'S RAF PAYOUT

The National Prosecuting Authority (NPA) has secured a 10-year term of direct imprisonment against well-known Tlokoeng (Mount Fletcher) funeral director, Thanduxolo Poswa (56), for his leading role in the theft and laundering of a Road Accident Fund (RAF) payout intended for an 82-year-old woman.

The Komani Regional Court convicted and sentenced Poswa to seven years' imprisonment for the theft of R500 000 and a further three years' imprisonment for laundering the proceeds of the crime. The funds were shared among three other individuals. His co-accused, Patricia Sekhosana, Nomandla Papiyana and Sijadu Poswa, all pleaded guilty and received wholly suspended five-year imprisonment sentences.

The case arose from a RAF claim lodged by L. Mtiya & Company Attorneys on behalf of Desemelo Sekhosana, who had lost her daughter in a motor vehicle accident. The RAF settled the claim for R1.4 million, of which approximately R1.1 million was due to the claimant after legal fees had been deducted.

During preparations for payment, it emerged that the elderly claimant's bank account was no longer operational. It was subsequently agreed by the claimant's family members and the attorneys that the funds would be paid into Patricia Sekhosana's bank account.

After the funds were deposited, Patricia Sekhosana began transferring portions of the money into the bank accounts of her accomplices. Poswa received the largest share, amounting to R500 000, which he used to build a house. The claimant ultimately received only R405 000 of the funds due to her.

During the trial, evidence revealed that Poswa, a former soldier, had coerced Patricia Sekhosana into transferring the money to his account after being informed by Papiyana about the existence of the RAF payout. In his defence, Poswa claimed that the money had been given to him as a gift, in addition to payment for new tyres and vehicle servicing costs. The court rejected his version and found him guilty.

In aggravation of sentence, State Advocate Nkosinathi Faxi argued that the payout was intended to support the upbringing of the deceased daughter's minor children. The State further argued for the imposition of the prescribed minimum sentence of 15 years' imprisonment and submitted that the stolen funds could not be recovered through the NPA's Asset Forfeiture Unit because the house built with the proceeds is situated on communal land.

In delivering the sentence, Magistrate Nosisa Ngcongolo rejected Poswa's offer to repay the money in instalments or to transfer ownership of the house to the claimant.

Welcoming the sentence, Acting Director of Public Prosecutions Adv Samkelo Mtwana commended the prosecution and investigating team for securing justice. He said the conviction and sentence underscore the effectiveness of a coordinated criminal justice system in combating white-collar crime and reaffirm the NPA's commitment to protecting vulnerable victims and holding offenders accountable.

Issued by:

Luxolo Tyali

NPA Regional Spokesperson – Eastern Cape Division