Estate agent ‘too ill’ to appear for start of trial
Port Elizabeth businesswoman Nomso “Tiny” Masiza failed to appear in the Port Elizabeth Commercial Crimes Court on Wednesday for the start of her fraud case, with her legal counsel saying she was too ill.
Masiza and her husband, Phillip, already face charges of fraud and theft, after allegedly conning businessman Greg Billings out of nearly R1m.
She now faces two additional charges of fraud for allegedly scamming two women out of more than R1m.
On Wednesday, when Masiza’s trial was set to start, defence attorney Malan de Beer submitted a doctor’s letter stating she was ill and would only be better by January 14.
State prosecutor Leigh-Anne Pillay-Selahle said it was unclear if Masiza had been diagnosed by a general practitioner, psychologist or psychiatrist.
De Beer said he would contact his client to confirm the details of her diagnosis.
Magistrate Lionel Lindoor said he would require a report from a specialist to detail Masiza’s condition by the time of her next appearance.
Lindoor further provisionally cancelled Masiza’s bail and ordered her warrant of arrest to be stayed until January 15, when she is to appear in court again for the start of her trial.
In court documents Masiza, who runs her own estate agency, Khulile Properties, and another company in which she is the sole member, Lumile Building Contractors CC, is accused of defrauding Joyce Ntsaluba of R850,000 and Nokuzola Mgengo of R200,000 during December 2015 and June 2016.
In both cases, Masiza’s modus operandi was similar in that she entered into offers to purchase land for the two women in Fairview.
She then allegedly entered agreements with the two to build residential dwellings on the respective properties.
The money meant for the transfer of title deeds and for the construction was made out to the bank account of Lumile Building Contractors, but no construction had taken place on either property, nor had the transfer taken place.
The state claims Masiza had used the money for her own purposes.
In December, the couple handed themselves over to the authorities after they were accused of participating in the fake sale of a house in Burt Drive, in the process allegedly conning Billings.
The house was allegedly owned by former ANC boss Zandisile Qupe.
A sum of R950,000 was paid into Masiza Inc Trust account between March and May 2017.
The couple were accused of scamming Billings out of R950,000.
Phillip was granted R5,000 bail while his wife was granted R10,000 bail and placed under house arrest, as at the time she was out on bail in the matter currently before court.
The case against the pair is expected to be back in court on February 4.