Judge Sibanda, one of the two bogus lawyers who defrauded businessman Kagiso Galesitoe of R88,000, was on Wednesday sentenced to nine months’ imprisonment, suspended for five years.
The sentencing in the Johannesburg magistrate’s court follows Sibanda's conviction and that of his co-accused Zuko Madikane in January this year for fraud.
Madikane's sentencing was postponed to next Wednesday after he appointed a new lawyer, who asked for time to prepare.
Galesitoe was the owner of News Cafe Newtown, a R12m a year turnover business that is no more, allegedly because of Sibanda and Madikane, the court said in convicting the men in January.
Sibanda and Madikane misrepresented themselves to Galesitoe and advocate Diederik Coetzee, posing as “advocate Sibanda” and “attorney Madikane” and their action caused Galesitoe to lose his business, the court said.
Galesitoe paid them R88,000 over a few months in 2019.
The state said the men were not legal practitioners, not authorised to render legal services, not authorised to charge and receive fees for legal services and not entitled to compensation for their services.
In his judgment, magistrate Pieter du Plessis listed seven instances during that period when payments were made to the accounts controlled by Madikane or Sibanda.
On Wednesday, Du Plessis said the sentence was suspended on condition Sibanda was not convicted of fraud during the period of suspension.
The court ordered Sibanda to pay R10,000 to the clerk of the court in three instalments between September and November. The money will be paid to Galesitoe.
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