Hawks arrest North West attorney over alleged R130,000 estate theft

A North West attorney has been arrested after investigators say more than R130,000 belonging to a deceased client’s estate was moved into his firm’s trust account and not passed on to the beneficiary. The 69-year-old, identified as Barend Botha, was granted R5,000 bail after his arrest on August 11.

Arrest and charges

Members of the Hawks’ Serious Commercial Crime Investigation unit in the North West arrested Barend Botha on Tuesday, August 11. He faces a charge of theft and made his first court appearance the same day in the Klerksdorp Magistrate’s Court.

Allegations and probe details

The Hawks said Botha De Wet and Roodt Attorneys had been appointed in June 2016 to assist with administration of the deceased client’s estate. According to North West Hawks spokesperson Lieutenant-Colonel Tinyiko Mathebula,

“Over R130 000 was reportedly transferred from the deceased’s bank account into the trust account of the law firm.”

Mathebula said the investigation revealed that Botha allegedly failed to transfer the money to the beneficiary.

Court timetable

Botha was granted R5,000 bail at his first appearance in Klerksdorp Magistrate’s Court. The matter has been postponed to 30 September, when he is due to appear at the Specialised Commercial Crime Court sitting in Klerksdorp.

Wider context

The Hawks’ action comes amid scrutiny of how legal practitioners handle client trust funds. According to IOL, last month former attorney Solomon Slom, 82, was sentenced to an effective 10 years in prison after being convicted on 145 counts of theft and 145 counts of money laundering linked to the misappropriation of millions of rand from a client’s trust account.

What authorities say next

The Hawks’ Serious Commercial Crime Investigation unit in the North West is handling the probe. Further court proceedings are scheduled for the end of September.