FILE PHOTO: PIXABAY
The former head of the Special Investigating Unit (SIU) in Gauteng, Sifiso Kunene, has been sentenced to an effective four years imprisonment after he was found guilty of theft.
His original sentence was six years, but two years were wholly suspended on condition that he is not convicted of theft during the five-year period of suspension.
His conviction relates to the theft of trust funds.
Regional NPA spokesperson Natasha Kara said before the 54-year-old was appointed SIU head, he was an attorney in a partnership practising under the name Kunene Masango Incorporated.
She said: “The Road Accident Fund (RAF) made a payment of about R 226,000 directly into Kunene’s trust account in respect of the claim made by the complainant.
“The complainant had reached an agreement with Kunene before the RAF payment, that his fee would be covered by a 25% contingency based on the payment from the RAF.
“ In the circumstances, the court convicted Kunene of the theft of R 170 000, which would have been the amount that the complainant would have been entitled to (after the 25% due to Kunene).”
Kara said that in 2009, Kunene’s partner at the practice, Mr Masango, lodged the claim for loss of support with the Road Accident Fund (RAF) on behalf of the complainant after her fiancé had passed away in a motor vehicle accident. Due to his (Masango’s) involvement in an unrelated theft of trust funds in 2010, he abandoned the practice, and was struck off the roll of practicing attorneys by the High Court.
“He was subsequently convicted and sentenced to a period of imprisonment.”
'HANDED HIMSELF OVER'
She says thereafter the complainant dealt directly with Kunene regarding her RAF claim.
“Kunene continuously told her that the claim was still being processed,” Kara said.
“Eventually in March 2015, the complainant enquired directly with the RAF and was advised that the money was paid out to Kunene in August 2014. She confronted Kunene who then confessed to using the monies due to financial difficulties.
“The complainant eventually reported Kunene to the Law Society and the matter came to light.
“Following an investigation, Kunene handed himself over to the police.”
In court, Kunene denied the allegations against, shifting the blame to his former partner.
“The state, represented by Adv. Abbey Letsholo, led the evidence of bank statements demonstrating the money moving into and out of Kunene’s bank account – for bill payments and school fees.
"There was also evidence from a bank official who testified that from 05 July 2012, Kunene was the sole signatory to both the trust account and the business account of the practice. Letsholo further led the evidence of the complainant who said that she trusted Kunene as he was an attorney. She said that she needed the money to care for her child following her fiancé’s death."
Kunene was thus sentenced accordingly.
The NPA welcomed the sentence.
