MTHATHA – Mthatha attorney, Vuyani Gwebindlala (57), has been convicted and sentenced following a meticulous investigation by the Mthatha-based Serious Commercial Crime Investigation Unit into theft and the unlawful misappropriation of trust funds amounting to R780 000.
The sentence was handed down by the Mthatha Specialised Commercial Crimes Court on 8 May 2026.
According to Hawks spokesperson, Warrant Officer Ndiphiwe Mhlakuvana, the case stems from a property transaction concluded in 2008 involving the complainant, the lawful owner of a residential property situated in Finch Street, Southernwood, Mthatha.
He said the complainant had entrusted estate agent Angel Engelbrecht with facilitating the sale of the property for the agreed purchase price of R780 000.
He explained: “Following the conclusion and signing of the Offer to Purchase by both the seller and purchaser, the complainant appointed the law firm Vuyani Gwebindlala Associates to oversee and administer the transfer process in accordance with the legal and fiduciary obligations governing property transactions and trust account administration.
“In compliance with the contractual arrangements, the purchaser initially deposited R50 000 into the accused’s trust account, followed by a further payment of R730 000 after Gwebindlala represented that the transfer process could not proceed unless the full purchase price had been secured.”
He said investigations later revealed that, despite the successful transfer of the property to the purchaser in August 2008 and confirmation that the full purchase price had been received, the accused deliberately and unlawfully withheld the proceeds due to the complainant.
“When the complainant persistently demanded payment of the proceeds arising from the sale of her property, Gwebindlala initially denied that the transfer process had been completed.
“However, when confronted with irrefutable proof confirming that the property had indeed been transferred, he conceded that he had received and utilised the funds.”
A case docket was opened and handed over to the Hawks for investigation.
Mhlakuvana said the investigation uncovered overwhelming evidence implicating Gwebindlala in the theft of trust funds entrusted to him in his professional capacity as an attorney and officer of the court.
“Evidence gathered during the investigation established that Gwebindlala had diverted and invested the complainant’s funds into a Road Accident Fund (RAF) matter without her knowledge, authorisation, or consent, anticipating that the funds would be replenished before the transaction was finalised,” he said.
Gwebindlala was arrested on 14 January 2019 and, on 15 June 2021, was found guilty of theft.
Mhlakuvana said the matter experienced numerous postponements over several years due to delays in the sentencing proceedings.
Gwebindlala was sentenced on 8 May to a R600,000 fine or, alternatively, five years’ direct imprisonment.
He said the court further imposed an additional five-year prison sentence, wholly suspended for five years on condition that he is not convicted of theft, fraud, or any offence involving dishonesty during the suspension period.
“Furthermore, a deferred fine of R10 000 was imposed, payable immediately, with the outstanding balance payable in equal instalments over a period of five years,” Mhlakuvana added.
The Provincial Head of the Hawks, Major General Mboiki Obed Ngwenya, commended the investigating team and said the matter epitomises a grave abuse of fiduciary authority, a calculated violation of professional ethics, and a profound betrayal of the trust placed in officers of the court.
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