Paedophile lawyer found guilty of rape

Nearly three years after his arrest, former Legal Aid lawyer, 39, who was accused of paying teen boys to have sex with him on Muizenberg beach, was found guilty on three of the 25 charges he faced. Picture: Supplied

Nearly three years after his arrest, former Legal Aid lawyer, 39, who was accused of paying teen boys to have sex with him on Muizenberg beach, was found guilty on three of the 25 charges he faced. Picture: Supplied

Published Feb 28, 2024

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A former Legal Aid lawyer from Muizenberg has been found guilty of statutory rape and the sexual exploitation of a minor.

Nearly three years after the arrest of Theo Hartzenberg, 39, who was accused of paying teen boys to have sex with him on Muizenberg Beach, the Wynberg Regional Court found him guilty on three of 25 charges he faced.

The Muizenberg man was thrust into the limelight in 2021 after concerned parents came forward.

At the time, a 39-year-old mother, who may not be named, told Independent Media her 14-year-old son had revealed that the group of boys visited Surfer’s Corner each day where they begged for money and met Hartzenberg.

The boys claimed that each day after sunset they would meet Hartzenberg at the beach where he would pay them R100 to penetrate him.

They further claimed that he specifically asked the teens with the “big penises” to penetrate him and those with “smaller penises” were asked to masturbate in front of him for R50.

Hartzenberg was later arrested and appeared in the Muizenberg Magistrate’s Court where he was released on R10 000 bail.

During the trial, the State called a 21-year-old witness, who may not be named, who told the court of the arrangements made with the boys. The witness testified he knew Hartzenberg as the lawyer who lived in the Empire building. He claimed that when the boys visited Hartzenberg, he would serve as the “lookout”.

The judgment listed various occasions where the sexual interactions took place between March and May 2021. Witnesses also told the court the boys were made to use condoms and some struggled to get erections.

According to the judgment, Hartzenberg was found guilty on one charge of statutory rape, and one count of exploitation and paying an adult male for sex.

National Prosecuting Authority spokesperson, Eric Ntabazalila, said sentencing procedures would start on April 18.

Legal Aid spokesperson, Boitumelo Boshupeng, said Hartzenberg resigned before the charges were brought against him.

“According to our records, Theo Hartzenberg resigned from Legal Aid SA long before these charges and the court case were brought against him. We have no further comments regarding this matter.”

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