The former head of the Special Investigating Unit (SIU) in Gauteng, Sifiso Philip Kunene (54), has been sentenced to six years imprisonment by the Durban Regional Court specialising in commercial crimes, for theft of trust funds.
The court found that between August 2014 and March 2015, Kunene unlawfully stole R226 790,00 of Precious Swartling’s money which was entrusted to him as an attorney, when he was working as a director at Kunene Masango Incorporations. The money was paid out by the Road Accident Fund (RAF).
The State said Kunene kept on lying to Swartling about her funds not being deposited by the RAF. When Swartling went to the RAF to find out about her money, she was told that they had been released to her attorney. When she confronted Kunene, he admitted using her money as he was having financial trouble, and said he would reimburse her.
Kunene paid school fees with the money and bought other goods. He depleted the money in 33 days.
In sentencing him, Magistrate Garth Davis, said that legal practitioners were meant to be honest with their clients and society. “The legal profession has been regarded as an honourable profession.”
He described Kunene as someone who had ruined the good name of the profession. Davis noted that Kunene, who was divorced earlier this year and had three children, had used the money that he was not entitled to.
The magistrate said the court was satisfied that the State was able to prove beyond reasonable doubt that Kunene had stolen the money, and sentenced him to four years direct imprisonment and suspended the two years.
Kunene’s lawyer, Miss Mkhonza told the court after the sentencing, that her client wanted to appeal the conviction and sentencing. Mkhonza said, was that the court had to take into consideration that Kunene was a first-time offender and never physically met with Swartling.
However, Davis said the court had been lenient with Kunene who did not show any remorse throughout the trial. Senior state prosecutor, Advocate Abbey Letsholo, said the State was opposing Kunene’s leave to appeal. He said Kunene needed to convince the court that the appeal would succeed.