Former Gauteng Special Investigating Unit (SIU) head, Sifiso Phillip Kunene
By Mpho Moloi
Former Gauteng Special Investigating Unit (SIU) head, Sifiso Phillip Kunene, has been sentenced to six years imprisonment for the theft of trust funds, a crime he committed before his tenure as the SIU head. The Durban Specialised Commercial Crimes Court handed down the sentence on 10 August 2024, marking a significant moment in South Africa’s efforts to hold legal professionals accountable.
Kunene, who is 54 years old, served as an attorney in a partnership operating under the name Kunene Masango Incorporated before his appointment as the head of the SIU. The case against Kunene involved the theft of over R170,000 from a Road Accident Fund (RAF) claim made by a complainant who had lost her fiancé in a motor vehicle accident in 2009.
The Crime and Conviction
In the aftermath of the accident, the complainant lodged a claim with the RAF, and in 2015, the RAF made a payment of approximately R226,000 directly into Kunene’s trust account. The complainant had agreed with Kunene that his fee would be covered by a 25% contingency based on the payment from the RAF. However, Kunene misappropriated R170,000 of the funds, which should have been paid to the complainant after deducting his fee.
During the trial, Kunene denied any wrongdoing and attempted to shift the blame onto his former business partner, Mr. Masango, who had previously been struck off the roll of practicing attorneys due to his involvement in an unrelated theft of trust funds in 2010. Despite his efforts to evade responsibility, the evidence presented in court painted a different picture.
Advocate Abbey Letsholo, representing the state, presented compelling evidence, including bank statements that demonstrated how the stolen funds were transferred into and out of Kunene’s personal bank account to cover bill payments and school fees. Further testimony from a bank official revealed that Kunene was the sole signatory to both the trust account and the business account of Kunene Masango Incorporated, further implicating him in the crime.
Sentencing and Impact
The Durban Specialised Commercial Crimes Court sentenced Kunene to six years imprisonment, with two years suspended for five years on the condition that he is not convicted of theft during this period. This means that Kunene will serve an effective four years in prison. The court’s decision was influenced by the gravity of the crime and Kunene’s betrayal of the trust placed in him by the complainant.
Natasha Kara, spokesperson for the National Prosecuting Authority (NPA) in KwaZulu-Natal, commented on the outcome, stating, “Kunene will serve an effective four years in prison. The NPA welcomes the successful finalisation of this matter.” Kara also emphasized the importance of this conviction as a warning to other legal professionals who might consider exploiting their clients for financial gain.
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