Prison time for fake attorney

Richards Bay Magistrate's Court sentences man who masqueraded as an attorney

1 hour ago

Conelia Harry 2 minutes read

Richards Bay Magistrate's Court PHOTO: Supplied

A man has been sentenced to an effective five years in prison after masquerading as an attorney, falsely representing three clients who faced serious criminal charges including human trafficking, kidnapping and rape.

Thabani Cele (34) pleaded guilty to 36 counts; 18 counts of contravening Section 33(1) of the Legal Practice Act 28 of 2014, and a further 18 of fraud, having defrauded his three clients to the tune of R66 000.

Richards Bay Magistrate’s Court heard that Cele unlawfully and intentionally pretended to be a legal practitioner, falsely representing himself to prosecutors, presiding officers and members of the public as an admitted and enrolled attorney authorised to practise law.

However, he was not registered with the Legal Practice Council and had no lawful authority to practise as an attorney or charge fees for legal services.

He was sentenced to one year imprisonment on each of the contravention of the Legal Practice Act counts.

On each of the 18 counts of fraud, he was sentenced to five years’ imprisonment. The court ordered that the sentences on counts 1 to 18 and counts 20 to 36 run concurrently, with the five-year sentence imposed on count 19, resulting in an effective sentence of five years’ imprisonment.

The court also heard that Cele had stolen R66 000 entrusted to him by clients who believed he was a qualified attorney authorised to represent them.

The court awarded compensation of R22 000 to each of the three complainants.

In addition, the court ordered that the Department of Social Development investigates the circumstances of the accused’s minor children, including where they are living, and investigate if the children are in need of care and protection as envisaged in the Children’s Act.

Following sentencing, Cele applied for bail pending appeal. His previously fixed bail of R1 000 was extended, subject to conditions.

Meanwhile, section commander of the KZN Provincial Commercial Crime Unit based in Richards Bay, Lieutenant Colonel VC Pillay, whose unit investigated the matter, urged members of the public to verify their attorneys’ credentials before engaging their services.

He advised clients not to rely solely on referrals, but to independently confirm an attorney’s professional registration and credentials to avoid financial losses, unnecessary delays and the potential injustice of having legal matters start afresh.

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