Through thorough investigation by police and the prosecution of Mr Francious Brand, Witbank Magistrate’s Court handed out a six year sentence to Potgieter who was found guilty on February 18.
The 53-year-old woman chose to exercise her right to remain silent, allowing her lawyer, Mr Ishmail Essa to conduct the defence throughout the case.
Magistrate Marlene Greyvenstein was the initial presiding officer in the case and on October 19, 2011 Magistrate Mark Botha was instated to lead the hearing.
Over the period of January 3, 2004 to July 14, 2009 Potgieter had managed to embezzle R4 192 180.71 from the Municipal Sport and Social Club Witbank.
The 737 charges of theft were broken down into 153 charges over the period 2004, 148 charges over 2005, 191 charges throughout 2007, 58 charges across 2008 and an additional 38 charges over the period of 2009.
Bank statements provided to the court by ABSA assisted in the investigation as well as a number of witnesses coming forward to lead evidence.
On December 3 2013 the trial proceeded and was remanded for the issue of a S174, on April 16, 2014 Essa applied for the discharge of affirmation and handed a written argument to the court, the affirmation was granted, the case was postponed until September 8 2014.
On September 8 the defence closed the case for the accused without leading evidence and the court took up the issue with the accused, regarding the uninformed decision.
Both parties argued the merit of the case and written arguments were handed to the court.
Judgment was given on February 18 2015 and Potgieter was found guilty of the 737 charges of theft against her. The state showed no previous convictions against Potgieter and her rights were read to her.
Evidence showed that Potgieter had a nett loss of R513 552 over the period of November 2007 to January 2010. This aided in the prosecution.
Potgieter had sole access to the account where moneys were to be deposited and according to the ABSA bank statements the moneys transferred to her personal account did not amount to her current salary.
She was hired for that position in that she was to administrate the money correctly.
Essa has since appealed against her judgement.
“The state cannot exclude the accused’s version that she loaned the money to employees and that the transfer money into her account was the most concealment way in terms of which she would service the clientele of people that she serviced with loans from the club.”
Bail was set at R10 000 pending the appeal.
