Former Gauteng Special Investigating Unit (SIU) head, Sifiso Phillip Kunene was sentenced at the Durban Specialised Commercial Crimes Court to six years imprisonment, two of which were wholly suspended for five years on condition that he is not convicted of theft during the period of suspension. His conviction relates to the theft of trust funds.
National Prosecuting Authority (NPA) regional spokesperson, Natasha Ramkisson-Kara said before Kunene, 54, was appointed SIU head, he had been an attorney in a partnership practising under the name Kunene Masango Incorporated.
“The Road Accident Fund (RAF) made a payment of about R 226 000 directly into Kunene’s trust account in respect of the claim made by the complainant. The complainant had reached an agreement with Kunene before the RAF payment, that his fee would be covered by a 25% contingency based on the payment from the RAF. In the circumstances, the court convicted Kunene of the theft of R 170 000, which would have been the amount that the complainant would have been entitled to (after the 25% due to Kunene),” said Ms Ramkisson-Kara.
In 2009, Mr Kunene’s partner at the practice, lodged the claim for loss of support with the Road Accident Fund (RAF) on behalf of the complainant after her fiancé had passed away in a motor vehicle accident. Due to (the partner’s) involvement in an unrelated theft of trust funds in 2010, he abandoned the practice, and was struck off the roll of practising attorneys by the High Court. He was subsequently convicted and imprisoned, said Ms Ramkisson-Kara.
“Thereafter, the complainant dealt directly with Kunene regarding her RAF claim. During these interactions Kunene continuously told her that the claim was still being processed,” said Ms Ramkisson-Kara.
“Eventually in March 2015, the complainant enquired directly with the RAF and was advised that the money was paid out to Kunene in August 2014. She confronted Kunene who then confessed to using the monies due to financial difficulties. The complainant eventually reported Kunene to the Law Society and the matter came to light. Following an investigation, Kunene handed himself over to the police.”
In court, Kunene denied the allegations against him, shifting the blame to his former partner. The state, represented by Advocate, Abbey Letsholo, led the evidence of bank statements demonstrating the money moving into and out of Kunene’s bank account (for bill payments and school fees).
There was also evidence from a bank official who testified that since July 5, 2012, Kunene had been the sole signatory to both the trust account and the business account of the practice. Ms Letsholo further led the evidence of the complainant who said that she had trusted Kunene as he was an attorney. She said that she needed the money to care for her child following her fiancé’s death.
“Kunene was sentenced accordingly,” said Ms Ramkisson-Kara. “The NPA welcomes the successful finalisation of this matter and congratulates the prosecution and the investigating teams on a job well done, in holding the accused accountable for his actions.”
