DRIVER UNAWARE OF E150 000 IN TRUCK

MBABANE – Talk about being oblivious to some of the parcels you transport. A truck driver transported a sealed parcel in his truck, but little did he know that he was carrying E150 000 in cash.

Simanga Simelane learnt about the money upon his arrest and was charged for failing to declare the cash at the Ngwenya Border Gate. He was driving a Mercedes Benz Truck registered BSD064CM.

This transpired at the Mbabane Magistrates Court, where Simelane appeared charged for contravening Section 41 (1) as read with sub-section (2) of the Money Laundering and Financing of Terrorism (Prevention) Act of 2011 as amended.

When the charge was read to him, Simelane pleaded guilty. He was represented by Jose Rodrigues in the matter.
Mitigating on the sentence, Rodrigues pleaded for leniency on behalf of his client. He stated that Simelane was unaware of the existence of the money in the truck.

 “His employer couldn’t declare the money due to the business of the day in question. There were too many people at the premises so he decided to put the parcel in the truck. He trusts the driver because he had been loyal to him for so many years,” submitted the defence counsel.

Magistrate Xolile Nxumalo wanted to know if there was no notice attached to the parcel for Simelane to see that he was carrying money.
In response, Rodrigues submitted that the employer just gave his client the sealed parcel to deliver to a person in Johannesburg, South Africa, without mentioning that it was money.

He implored the court to consider the fact that there was no negligence on the side of the driver.
He said Simelane was made to suffer due to the omission of his employer in informing him about the money.
“He has worked for the company for eight years and he is a breadwinner.

He has a wife and four children, who depend on him,” said the defence counsel.
Rodrigues also moved an application for the release of the detained money back to its owner. He submitted that the owner of the money met the police officers and proved the source and legitimacy of the funds.

He stated that the officers of the law were satisfied hence the application for the release of the money.
In view of the circumstances, Magistrate Nxumalo cautioned and discharged Simelane. She ordered that the money be released to the owner.
The defence counsel caused laughter when he left the court with the money box under his arm immediately after the finalisation of the matter.

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