The Newcastle Regional Court had sentenced Boitumelo Mathabatha and MacDonald Ndlovu to an effective 15 years’ imprisonment each following their conviction on theft of crude oil and tampering and/or damaging essential infrastructure, the National Prosecuting Authority (NPA) said.
The NPA said the crude oil had an estimated value of R400 000 and the damage to infrastructure was approximately R11 million.
Transnet Pipelines have also welcomed the conviction and sentencing.
NPA provincial spokesperson Natasha Ramkisson-Kara said police were notified on 20 July 2021 of an abandoned truck found in a field in Newcastle.
“The truck was empty but the keys were in the ignition and there were two trailers attached to the truck. There was a fuel pipe attached to the truck and a fresh hole in the ground next to the truck. It was discovered that the tankers were filled with crude oil that the accused had accessed by digging into an extensive underground pipeline belonging to Transnet.”
Ramkisson-Kara added that the accused had hired the truck and the driver to carry out their plans.
“Once the hired driver realised that they were stealing, he notified his employer (the truck owner) and Mathabatha and Ndlovu were arrested. In court, advocate Kogi Ramkilawan, for the State, led the evidence of the truck driver and the owner of the truck. Cellphone evidence proved vital for the State in this matter as it linked the accused directly to the crime.”
Ramkisson-Kara said that in aggravation of the sentence Ramkilawan had told the court that the offence was a premeditated one and was likely linked to a syndicate operation. “Mathabatha and MacDonald were sentenced to 12 years’ imprisonment for theft and 15 years’ imprisonment for tampering and/or damaging essential infrastructure. Since the sentences will run concurrently, they will serve an effective sentence of 15 years’ imprisonment. They were also declared unfit to possess a firearm.”
Ramkisson-Kara added that the Asset Forfeiture Unit of the NPA in KZN was granted a preservation order for an amount of approximately R49 000 in cash and a Toyota Fortuner. “The asset forfeiture aspect was dealt with by advocate. Nazreena Sayed, while advocate Ramkilawan was assisted in court by advocate Valisha Dafel.”
Transnet Pipelines acting chief executive Sibongiseni Khathi said Transnet Pipelines welcomed the conviction of two fuel theft perpetrators by the Newcastle Regional Court on Monday. “The conviction and sentencing underscore the commitment of Transnet Pipelines and law enforcement agencies to combat theft and vandalism of essential infrastructure.”
Khathi added that the conviction sent a strong message to all criminals and crime syndicates that tampering with critical and essential infrastructure would not be tolerated, and that the full might of the law would be enforced against anyone caught doing so.
Kathi said an arrest warrant had been issued for a third suspect, who was currently evading authorities.
“Law enforcement agencies are actively pursuing him. One of the suspects co-operated with the State and turned witness. Transnet Pipelines, along with its partners, remains dedicated to strengthening all security measures aimed at enhancing the safety and protection of critical and essential infrastructure.”
The Mercury