Written by
Nomonde Zondi
Sifiso Philip Kunene, the former head of the Special Investigating Unit (SIU) in Gauteng, has been sentenced to six years in prison by the Durban Regional Court, which specializes in commercial crimes, for the theft of trust funds.
The court determined that between August 2014 and March 2015, Kunene unlawfully took R226,790 from Precious Swartling, money that had been entrusted to him in his capacity as an attorney at Kunene Masango Incorporations. This sum was paid out by the Road Accident Fund (RAF). Prosecutors argued that Kunene repeatedly misled Swartling, falsely claiming that her funds had not been deposited by the RAF. When Swartling inquired directly with the RAF, she learned that the funds had already been released to her attorney. Upon confronting Kunene, he admitted to using her money due to financial difficulties and promised to repay her.
Kunene misused the funds to pay school fees and purchase various items, exhausting the money within just 33 days.
In his sentencing remarks, Magistrate Garth Davis emphasized the obligation of legal practitioners to maintain honesty with their clients and society, stating, “The legal profession has been regarded as an honourable profession.” He criticized Kunene for tarnishing the reputation of the legal field and noted that Kunene, who recently divorced and has three children, had taken money that he was not entitled to.
The magistrate expressed confidence that the prosecution had proven its case beyond a reasonable doubt, leading to a sentence of four years of direct imprisonment, with two years suspended.
Following the sentencing, Kunene’s attorney, Miss Mkhonza, indicated that her client intends to appeal both the conviction and the sentence. She argued that the court should have considered Kunene as a first-time offender who never directly met with Swartling. However, Magistrate Davis remarked that the court had been lenient, highlighting Kunene’s lack of remorse throughout the trial. Senior state prosecutor Advocate Abbey Letsholo stated that the State would oppose Kunene’s appeal, noting that he must demonstrate that the appeal has a likelihood of success.
