Bogus estate agent faces jail after payment default
It could be straight to jail for a Gqeberha woman who defaulted on the conditions of her suspended sentence by not paying back the R500 000 she swindled from unsuspecting clients while posing as an estate agent, reports HeraldLIVE.
Nondumiso David was found guilty in July on five counts of fraud and for operating as an estate agent without a valid Fidelity Fund Certificate.
David was then sentenced to three years’ imprisonment, wholly suspended for five years, placed under house arrest for 36 months, ordered to complete community service and ordered to pay back the money she had stolen by the end of July – or face jail time.
It emerged in the Gqeberha Commercial Crimes Court yesterday that David had defaulted on her sentencing conditions in that she had failed to repay the money.
The state now wants her suspended sentence imposed, meaning she could be jailed for three years.
Addressing the court, State Advocate Ronelle Brink asked for the matter to be postponed so David could apply for new Legal Aid SA representation.
During the trial, it was found that between July 2015 and December 2017 David had deceived potential home buyers into believing she was a registered estate agent.
The court also found that David had led her victims to believe BNI Attorneys had been appointed as the conveyancers.
However, the money was deposited into the business account of David and her husband.
While her husband’s name was cited on the original charge sheet, it is understood he will be tried separately.
The matter was postponed to 13 November 2023.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.