The Herald (South Africa)

Bid to have theft charges against fraudster dropped

- Hendrick Mphande mphandeh@tisoblacks­tar.co.za

LAWYERS representi­ng former magistrate Pumla Silinga intend to make written representa­tions to the deputy director of public prosecutio­ns in the Port Elizabeth Commercial Crimes Court in an attempt to have new theft charges withdrawn.

Silinga, 47, was convicted and sentenced last year in the same court for stealing about R95 000 from a client’s trust account.

But she was charged again in August on two more counts of theft after she allegedly misappropr­iated R232 171 meant for the purchase of two houses.

Advocate Lionel Kroon, who stood in for Silinga’s Johannesbu­rg legal representa­tive, said he wanted to make fresh representa­tions to the senior public prosecutor to have the charges withdrawn.

Magistrate Lionel Lindoor ruled that the applicatio­n be heard on December 5 while Silinga was ordered to remain behind bars.

Silinga was the director of Silinga Attorneys in Port Elizabeth at the time of the alleged offences.

As an attorney, Silinga was at all times expected to keep the funds in a trust account until the transfer had been completed and registered and the money paid to the seller, but she failed to do so.

According to the charge sheet, Silinga was approached by Jongile Nodlavu in October 2007 to assist him with the purchase of a low-cost house in Motherwell. Silinga applied for a R52 171 government subsidy on his behalf.

In May 2012, the Department of Human Settlement­s deposited the money into Silinga’s bank account.

The state maintained Silinga was legally obliged to keep the money in the trust account and not use it but instead allegedly misappropr­iated the money for her personal benefit.

On the second count, the state alleges Silinga was approached by Nombulelo Nganase in June 2014 to help her with the purchase of a house in Zwide.

Nganase had obtained a loan of R180 000 from Capitec Bank to buy a property.

In July 2014, Nganase transferre­d the amount into Silinga’s account.

The state alleges she misappropr­iated the amount once again for her personal benefit.

Silinga was arrested after a warrant was issued for her arrest when she failed to appear in court.

She was tracked down by police in April this year, when she was found to be acting as a magistrate in Mthatha despite being struck from the Cape Law Society’s roll of attorneys and having been convicted of fraud.

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PUMLA SILINGA

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