Rhana Naicker
Image: Supplied
A Richards Bay woman has been sentenced to eight years in prison for stealing R500,000 by falsely promising a business opportunity in a fuel franchise.
Rhana Naicker, 56, a businesswoman, was sentenced in the Ngwelezane Regional Court to 10 years’ imprisonment for theft. Two years of the sentence were wholly suspended for five years on the condition that she is not convicted of theft during that period.
However, she was acquitted on fraud and money laundering charges.
Natasha Ramkisson-Kara, spokesperson for the National Prosecuting Authority (NPA) in KwaZulu-Natal said the court heard that Naicker was a caretaker at a fuel station, Caltex Alton, owned by KZN Oils (Pty) Ltd in Richards Bay in 2017.
She said in this capacity, Naicker was able to purchase and sell fuel and related products.
Ramkisson-Kara said while Naicker had expressed interest in acquiring the franchise, evidence from representatives of KZN Oils indicated that she did not meet the requirements to become a franchisee.
“Furthermore, she owed the company approximately R457,000 for fuel and related stock.”
Ramkisson-Kara said in October 2017, Naicker approached the complainant, who was known to her, with a purported business opportunity.
“She told the complainant that shares in Caltex Alton were available for purchase, and that a 50% stake in the franchise could be secured for R500,000. Believing this, the complainant agreed to invest.
“Naicker provided the complainant with the banking details of KZN Oils and instructed her to use ‘Rhana Naicker’ as a payment reference. The complainant deposited the full amount, unaware that Naicker was indebted to the company.
“The payment subsequently settled Naicker’s outstanding debt with KZN Oils, which received the funds in good faith as a legitimate business transaction,” she said.
Ramkisson-Kara said after making the payment, the complainant was unable to contact Naicker.
“Following numerous unsuccessful attempts, she reported the matter to the police. The stolen funds have not been recovered.”
Ramkisson-Kara said during the trial, State prosecutor Jomo Ngcobo led evidence from the complainant, employees of KZN Oils, and the investigating officer.
She said documentary evidence, including bank records, was also presented.
“In her victim impact statement, the complainant indicated that the financial loss had severely affected her business operations. She stated that she was unable to provide bonuses or annual salary increases to her employees, negatively impacting staff morale and trust.”
Ramkisson-Kara said during the sentencing proceedings,the court heard that Naicker had a previous conviction for fraud from 30 years ago, for which she had been sentenced to a fine.
“The court further heard that Naicker has pending cases involving fraud, theft, and money laundering before the Richards Bay, Mtubatuba, and Esikhaleni magistrates’ courts.
“The NPA welcomes the sentence and trusts that it sends a deterrent message that crimes of this nature will not be tolerated,” she said.