Disgraced lawyer gets seven years for estate fraud
Disgraced lawyer Sello Mabena (54) has swapped the attorney robe for the orange prison uniform after he was found guilty of theft for raiding a deceased estate, earning him seven years in prison.
A City Press report says Mabena was found guilty and sentenced by the Johannesburg Specialised Commercial Crime Court. Mabena, who was struck off the roll of practising attorneys in 2007, was found guilty of fraudulent activities related to the estate of the late Phyllis Debie Tepper.
He had been appointed as the administrator of her estate, but an investigation revealed that his appointment was fraudulent.
Investigations established that Mabena transferred over R1.3m from the deceased estate into his bank account and used the funds for personal expenses, including salaries for his employees.
NPA spokesperson Phindi Mjonondwane said Mabena’s company, Banchivis Property Holdings, also received R800 000 from the estate.
The investigation further revealed that the alleged executor of the estate, Ben Lepley, had passed away in 2015 and was not married, contrary to claims made during the appointment process.
Mabena denied the charge brought against him and pleaded not guilty.
During the proceedings, Senior State Advocate William Nonyana had revealed the culpability of the crime committed by Mabena and had stated he had deliberately created false letters of executorship and forged the signatures of an officer employed by the Master of High Court.
Mjonondwane said Nonyana showed that Mabena deliberately fabricated documents to acquire the alleged money.
She said: ‘The court labelled Mabena a pathological liar due to his consistent claims of repaying the stolen money, despite evidence to the contrary. Mabena's repeated false assertions led the court to question his credibility, ultimately impacting the outcome of the case.’
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.