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Disbarred Gqeberha attorney jailed for ten years

File pthoto: Ann Swanepoel in the Commercial Crimes Court

File


A disbarred Gqeberha attorney who continued consulting with clients long after being struck off the roll of practising attorneys has been sentenced to an effective ten years imprisonment.

The 47-year-old Ann Swanepoel was sentenced in the Specialised Commercial Crimes Court on Thursday following her earlier conviction on eleven charges that included theft, fraud, contempt of court, and contravening the attorney's act.

During the pre-sentencing argument, State Prosecutor, Advocate Ulrike de Klerk, described Swanepoel as a manipulator and a ruthless person who will do anything to get her hands on money.

She also told the court that it was clear that the offences that were committed by Swanepoel were premeditated and carefully thought out.

De Klerk said Swanepoel should also be considered as a person who preyed on the vulnerable in the community.

The errant lawyer was arrested on Tuesday, after failing to make a scheduled court appearance for judgment in the state's application to revoke her bail, which was eventually done on Thursday.

Speaking in mitigation of sentence, Swanepoel's legal counsel, Advocate Louisa Roux, asked the court to consider her personal circumstances and the well-being of her 9-year-old autistic son.

Handing down her judgment, Magistrate Onica Van Papendorp, said Swanepoel is a highly intelligent woman, who was well-known in the city and practised as an attorney for at least 15 years before she was disbarred.

She said this begged the question of how she got to this point, especially as she was seen as someone who helped the underdog and described herself as a humanitarian.

Van Papendorp also highlighted that while Swanepoel was one of her son's primary caregivers, his grandparents played a major role in his upbringing.

Swanepoel appeared emotional and could be seen crying throughout the judgment, and especially when a reference was made to her child.

She was sentenced to 15 years in jail, but five years were suspended on the condition that she does not commit theft or fraud again.

Her application for leave to appeal both the conviction and sentence was also dismissed.

Swanepoel was disbarred in 2015 after the High Court in Grahamstown convicted her of the theft of a client's trust money.

She made headlines earlier that same year when she represented the alleged hitman in the Jayde Panayiotou murder, Sizwezhaki Vumazonke, who died before the matter went to trial.

Swanepoel also testified for Panayiotou's Defence on her consultations with Vumazonke.