Potgieter sentenced
2011,” Ntabazalila said. During January 2012, Potgieter unlawfully, falsely and with the intent to defraud, misrepresented to the two sisters that upon being appointed by them to administer and finalise the Bloem estate, he would act in its best interests.
Potgieter was expected to complete, sign and submit all documents, forms, receipts, estate returns, liquidation and distribution accounts, estate duty returns and any amendments made.
“It was also anticipated that he would act in their capacity as executor in all matters relating to the Bloem estate as if they were acting personally, and in general to attend to all duties, obligations and rights afforded by law to the complainants in their capacity as executor,” Ntabazalila said.
Between January and December 2012, Potgieter withdrew R580676.84 held or received by him on account of the Bloem estate and the complainants.
In the second count of fraud, Potgieter used exactly the same modus operandi to defraud the Bester estate.
On this occasion, Leighwyn Mervin Bester died and his father, Mervin Bester, was the executor of his estate. Potgieter was appointed as the administer of the Bester estate.
Around October 2013, amounts of R315000 and R52500 were deposited into the Bester estate account as the proceeds of an Old Mutual policy.
Arguing in aggravation of sentence, Advocate Jannie Knipe said: “The accused abused his position of trust with his clients in order to commit the above offences. As a result, the complainants suffered actual financial losses in the total amount of R720 965.84.”
Ntabazalila said: “The NPA welcomes the sentences... as the accused (was also) involved in a scheme that allows unroadworthy vehicles to operate on South African roads, putting thousands of lives at risk.”