A MALAWIAN NATIONAL SENTENCED FOR TAMPERING WITH ESSENTIAL INFRASTRUCTURE AND FRAUD

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A Malawian national named Mlotha Nelson Usale (59), who is also a pastor of Gods Chappel Church, has been sentenced to 10 years in prison for tampering with essential infrastructure and 8 years for each of 3 counts of fraud amounting to R150 000.

The court has ordered that the sentences should run concurrently with the 10-year term. Additionally, Usale has been declared unfit to possess a firearm.

Between 2021 and May 2022, Usale orchestrated a scheme in which he stole batteries from various network towers of Vodacom and MTN across the country. He then altered the battery management system and resprayed the casings of the batteries to make them appear as commercial solar batteries, which he sold to unsuspecting consumers through social media platforms under the names SOLAR MART and SUN SHOP. The batteries were delivered to customers using E-hailing services.

The syndicate was uncovered when a buyer discovered that the purchased battery was not functioning and realized it was a network battery. This prompted the police to set a trap, leading to the arrest of two other Malawian nationals on May 5, 2022. They were subsequently convicted and sentenced to 8 years each on July 11, 2023.

During the investigation, the police found 53 stolen batteries in a storage facility in Midrand, and the arrested individuals provided information about the places where they had sold the batteries.

Following his arrest on January 25, 2024, at the Beitbridge border while attempting to flee the country, Usale admitted guilt to the charges and offered to pay a fine of R200,000. However, the prosecutor, Advocate Tholoana Sekhonyana, rejected the offer, arguing that the severity of the offenses warranted a direct imprisonment sentence. The prosecution pointed out that the crimes led to network interruptions and caused substantial financial losses to MTN and Vodacom, as well as financial losses to the customers who unknowingly purchased the stolen batteries, as the confiscated batteries could not be returned.

Upon delivering the sentence, Magistrate Chulu concurred with the prosecution, emphasizing the significant financial impact of the crimes and Usale's evident lack of consideration for the victims by proposing to pay a fine rather than make restitution. The magistrate expressed that a fine would send the wrong message to society, deeming direct imprisonment as the appropriate sentence.

The Director of Public Prosecutions, Advocate Sibongile Mzinyathi, has appreciated the sentence and commended the work of the investigating officers, Sgt Thabo Lukhele and Sgt Mokibelo Supe from the Gauteng Provincial Organized Crime department, which led to the successful conviction and sentencing. 

Source @NPA_Prosecutes

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