ADVOCATES | ATTORNEYS | PARLIAMENT

 Advocate Paul Kennedy, accused of child sex trafficking and rape, has died | News24 

Advocate Paul Kennedy died on Monday. He was an accused in a child sex trafficking case, in which he faced charges of rape and sexual assault. Kennedy, a senior figure in the legal fraternity, previously acted on the Bench.

Well-known senior advocate Paul Kennedy, who is an accused in a criminal case involving more than 700 charges, including the rape of a minor and sexual assault, has died.

Several senior figures in the legal fraternity confirmed to News24 on Monday night that Kennedy, who previously acted as a judge, had died.

The cause of his death has not been confirmed.

This comes a week before he was meant to appear in the Gauteng High Court in Johannesburg.

News24 had not named Kennedy in coverage of the child rape case because he and his co-accused had not pleaded.

He was arrested in July last year and was released on R20 000 bail.

According to the final indictment, which paints a picture of a well-organised child sex ring, the State alleges that the crimes were committed between September 2020 and July 2021.

The final indictment listed 735 charges between Kennedy and his co-accused. While most of the new charges in the final indictment related to the unlawful possession, creation and importing or procurement and distribution of child pornography, both the Kennedy and his co-accused faced a host of new charges, including rape and sexual assault.

Charges Kennedy faced

According to the final indictment, the advocate was charged with three separate counts of rape.

He was also charged with compelled rape. The State alleged that Kennedy compelled an unknown person to have intercourse with one of the teenage victims without his consent.

Kennedy also faced four counts of sexual assault, charges of compelled sexual assault, sexual exploitation of children, the sexual grooming of children, benefitting of the services of a child victim of trafficking, and financing, controlling or organising the trafficking of a child victim.

According to the State, Kennedy had 25 images of child pornography on his cellphone and laptop. He had also been accused of creating child pornography with at least one of the victims.

According to the summary of substantial facts, both accused were involved in the peddling of child pornography, which, in its various forms, depicted known and unknown minor children.

"The devices of both accused were confiscated and found to contain images and videos of child pornography," the indictment read.

- Additional reporting Karyn Maughan

 ANC MP accused of murder will know on Tuesday if bail application is successful (msn.com) 

ANC MP accused of murder will know on Tuesday if bail application is successful

Story by Molaole Montsho • Yesterday 10:061

Rustenburg - ANC MP Sibusiso Kula accused of killing his wife, will know on Tuesday, whether he will be granted bail.

Kula was arrested on January 20 after police investigations linked him to the murder of his wife.

He appeared in the Orkney Magistrate's Court last week, with the court reserving judgment on his bail application until January 31.

Kula, 34, is facing a murder charge following the death of his wife, Jennifer Mohlomi, 31, on November 27 at their home in Kanana near Klerksdorp, North West.

According to the National Prosecuting Authority (NPA), the State and the defence read affidavits in their arguments during the bail hearing.

Related video: Murder case, isinampa ng kampo ni dating BuCor Chief Bantag kay DOJ Sec. Remulla (Dailymotion)

 Murder, graft and rape: ANC puts members guilty of serious crimes on notice (businesslive.co.za) 

 The governing party is discussing whether those criminally convicted of a serious crime should still have a home in the ANC

BL PREMIUM

17 AUGUST 2022 - 05:09 HAJRA OMARJEE

In a radical shift meant to weed out rogue and corrupt elements within the ANC, the party’s top six is proposing changes to its constitution to allow it to expel members found guilty of crimes such as murder, graft, rape and sexual assault.

The party’s national working committee wants those convicted of serious crimes to be expelled from the party automatically once found guilty of criminal offences. 

These include murder, rape, sexual assault, serious violence, drug trafficking, money laundering or racketeering, and gang violence...

Bloemfontein 'advocate' who faked degree is jailed for 10 years (sowetanlive.co.za) 

 Ntate Manuel Mabesa faced charges of fraud, impersonating and perjury.

A verification process was instituted when a “defence lawyer” tried to bribe his way through a case. This has led to his direct imprisonment.

Capt Christopher Singo of the Hawks said Ntate Manuel Mabesa, 53, appeared in the Bloemfontein Regional Court on Wednesday on charges of fraud, impersonating and perjury.

The case dates back to June 2014 when Mabesa approached the prosecutor and offered him R500 “as a thank you for not opposing bail” in a robbery case where Mabesa was the “defence lawyer”.

Singo said the prosecutor doubted Mabesa’s integrity and initiated a background check on him.

 Lawyer appears in court for alleged rape and grooming of three children (iol.co.za) 

Lawyer appears in court for alleged rape and grooming of three children.

 CAPE TOWN – A local attorney has been arrested for the alleged rape of three minors, a boy and a girl including a 14-year-old victim. He apparently sexually groomed them with financial reward or gifts.

Theo Hartzenberg, 36, made his first appearance at the Muizenberg Magistrate’s Court on Monday where he is facing charges relating to rape in that he had allegedly unlawfully and intentionally engaged the services of a child younger than 18-year-old for financial/other rewards to perform sexual acts with that child whether committed or not.

 Rape accused advocate wants review of charges | The Citizen 

The advocate is alleged to have molested the daughter of family friends – now 19 – when she was between six and 12 years old.

An advocate charged with rape, sexual assault and the grooming of a minor, will be making representations to national director of public prosecutions Shaun Abrahams to reconsider the charges against him.

This emerged in the Johannesburg Magistrate’s Court yesterday, where the matter was postponed until May 28.

The advocate, who may not be named as he has yet to plead, faces two counts on each charge.

He is alleged to have molested a girl – now 19 – when she was between six and 12 years old.

He was previously released on bail of R10 000, on condition that he may not contact the family of his alleged victim, and must notify authorities if he leaves Gauteng.

He left the court corridor with a loud “cheers!” and a wave to the teenager’s father who attended the court proceedings.

READ MORE Sexual exploitation remains main driver of human trafficking in SA

A father of two children and apparently his family’s sole breadwinner – according to his bail application – the advocate has also handed in his passport as part of his bail conditions.

The matter is being investigated by the Gauteng provincial Family Violence, Child Protection and Sexual Offences Investigations Unit.

It is believed the alleged abuse happened in the teen’s family home when the advocate, a family friend, visited her parents.

The family allegedly only became aware of their daughter’s claims shortly before her 18th birthday. She told her mother what had happened to her as a child.

Ngaatendweishe Murombedzi, of Women and Men against Child Abuse, said the application to make representations was not unexpected.

“It was anticipated. He is a legal professional of a high status, but the family is well prepared to be in it for the long haul,” Murombedzi said.

“We are standing firmly behind them, and will be monitoring the process to ensure everything is done according to the book.

“When we go to trial we will come out with guns blazing.

“As an orginasition we want to ensure people in positions of power don’t abuse children who trust them,” Murombedzi said.

Police explain why they had to arrest Advocate Teffo in court | The Citizen 

Police say advocate Teffo did not cooperate with the investigating officer in court. 

Advocate Malesela Teffo being escorted to pay his bail at the Hillbrow Magistrates court in Johannesburg, 29 April 2022. Picture: Neil McCartney

The management of the South African Police Service (Saps) says Advocate Malesela Teffo was aware that a warrant of arrest had been issued against him for missing several of his court appearances after being charged with common assault and trespassing.

The police’s top management also maintains that the group of police officers from the Saps’ Tactical Response Team (TRT), who arrested Teffo in a dramatic fashion at the Pretoria High Court on Thursday, were simply doing their job in order to secure his attendance in court.

Teffo, the defence advocate representing four of the five accused in the Senzo Meyiwa murder trial, was arrested inside the high court and led away in handcuffs in front of television cameras, just after proceedings in the Meyiwa murder trial were postponed.

ALSO READ: Advocate Teffo’s arrest disrespected court, must be probed, says GCB

His dramatic arrest prompted a storm of criticism directed at the Saps from various sectors of society, including the legal fraternity, which called for an independent investigation into Teffo’s arrest.

 Durban lawyer jailed for 3 years for fraud (iol.co.za)  

5 February 2023

Durban - A Durban attorney is spending the weekend in Westville Prison after he was convicted of fraud on Thursday.

Shameer Goolabjith, 41, was sentenced in the Durban Regional Court to five years behind bars.

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The National Prosecuting Authority said two years of the sentence was wholly suspended. Goolabjith will serve an effective three years imprisonment.

According to NPA provincial spokesperson Natasha Kara, in July 2015 Goolabjith falsified a claim purportedly on behalf of a complainant, suing the Minister of Police.

“He did this without any instruction or request from the complainant. The potential prejudice of the claim is estimated at R100 000.”

In court, Senior Public Prosecutor, Nkululeko Frank Msiya led the testimonies of the complainant, his wife, and the evidence following an effective search warrant.

After sentencing, Goolabjith, represented by his attorney, made an application for leave to appeal his sentence and conviction.

On Friday morning the application was denied.

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“He then advised the court that they want to petition a judge on this decision.

“The case was therefore adjourned for a bail application pending the petition process.”

Kara said Goolabjith remains in custody.

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The matter will return to court on Monday.

In another incident a Western Cape attorney was jailed to five years for fraud and forgery. 

Ninette Annelize Crous who was disbarred as an attorney was sentenced in November in the Western Cape High.

 Disbarred Cape Town lawyer sentenced to five years’ imprisonment for fraud and forgery (iol.co.za)  A former lawyer has been sentenced and convicted for fraud and forgery. 

Published Nov 1, 2022

A former Cape Town lawyer has been sentenced to five years’ direct imprisonment after she was convicted of fraud and forgery.

The defence team of former lawyer Ninette Annelize Crous had been fighting for a non-custodial sentence, which would see her not spend time behind bars.

But the State argued Crous should be inside prison. Crous was disbarred as a lawyer.

The State proved the 36-year-old lawyer had practised at Schliemann Inc in Somerset West and in 2013 she received an instruction to assist Lize-Marie Te Roller buy an apartment from her father-in-law, Willem-Anne Te Roller, for R900 000, but for assorted reasons the transfer was not finalised by January 2014.

Willem-Anne Te Roller lost patience and Crous felt under pressure to finalise the transaction.

Eric Ntabazalila of the National Prosecuting Authority (NPA) said that in January 2014, it became clear there would be further delays regarding the transfer of the property. 

At the time, a client of Schliemann Inc, Pia Luzia Haflinger, had R900 000 in the law firm’s trust account for an unrelated property transaction. These funds were only due to be paid to Haflinger at the end of February 2014.

“On 16 January 2014, Crous’s illegal actions led to the transfer of Haflinger’s R900 000 from the law firm’s trust account into Te Roller’s bank account as payment for the sale of his property,” Ntabazalila explained.

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Senior State prosecutor advocate Kelebogile Lesie-Shale told the court the money belonged to Haflinger and was not due and payable to Te Roller as proceeds of his property.

“Attorneys are required to ensure that monies deposited into trust accounts are used in accordance with the mandate given by the client,” Lesie-Shale argued.

“The accused represented to Schliemann that she obtained Haflinger’s written consent to transfer the R900 000 to Te Roller. The accused falsified the written consent as Haflinger did not consent to such a transfer nor had business with Te Roller.”

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Ntabazalila added that on February 26 2014, Crous applied for R900 000 bridging finance on behalf of Te Roller, without his consent, although the purchaser had already been paid in full by the accused on January 16, 2014, even though the transaction had not yet been registered at the Deeds Office.

“Combined Capital Solutions (Pty) Ltd processed the application and approved only R720 000, which was paid into the law firm’s bank account,” Ntabazalila added.

“The accused was supposed to pay back Combined Capital Solutions (Pty) Ltd on the date of the registration of the property, but she did not. The company demanded payment from Te Roller, who denied having applied for bridging finance nor signed the application for bridging finance documents. He further denied giving Crous consent to apply for bridging finance on his behalf.”

The NPA added that an investigation later revealed that Te Roller had already been paid for his property and there was no need for him to apply for bridging finance on February 26, 2014, and that Crous fraudulently applied for the bridging finance and forged the signature of the seller on the application form.

During sentencing procedures, the defence argued for a non-custodial sentence, but Lesie-Shale stood her ground, stating that the accused would have to be behind bars.

“The State submits that legal practitioners must always maintain the highest standard of honesty and integrity and must not engage in conduct which is dishonest or that would diminish the public confidence in the administration of justice and bring the profession into disrepute,” Lesie-Shale argued.

“The accused in this matter occupied a position of trust towards her clients, which she gravely abused. The extent of the measures she took in committing these offences reflects on her moral blameworthiness.

“She knew fully well what the consequences of her conduct would be should she get caught but nonetheless reconciled herself to the said consequences.

“Though the State concedes that there are substantial and compelling circumstances for the court to deviate from the prescribed minimum sentence applicable to count one and two, the State however disagrees that a non-custodial sentence will be appropriate as submitted by the defence, considering the nature and seriousness of the offence, its prevalence, the interest of the society and the personal circumstances of the accused.”

The NPA added that the court concurred with her and sentenced Crous to five years’ direct imprisonment. The NPA said it accepted the sentence meted out by the court.