Former attorney sentenced for over R4.8m trust fund fraud

The Special Commercial Crime Court in Bellville.

The Bellville Serious Commercial Crimes Court sentenced a former attorney on 48 charges ranging from fraud, money laundering and theft. Picture: Ian Landsberg/African News Agency (ANA)

Published Apr 2, 2023

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Rustenburg - A former attorney was sentenced to a combined 55 years imprisonment for fraud amounting to over R4.8 million.

Hawks spokesperson in the Western Cape, Zinzi Hani said, Rugaya Van Der Schyff, 57, a former attorney and conveyancer was sentenced on Thursday, at the Bellville Serious Commercial Crimes Court on 48 charges ranging from fraud, money laundering and theft.

“This comes after her second arrest on October 20, 2022 by the Hawks’ Serious Commercial Crime Investigation team on charges of fraud and theft worth R500 000.

“Van der Schyff was first arrested in 2019 by the same team for misappropriating trust funds to the value of R4.8m and subsequently released on R20 000 bail,” Hani said.

Van der Schyff was struck off the roll of attorneys by the Western Cape High Court in 2017 following an interdict application which was lodged in 2016.

“The Hawks investigation showed that she continued facilitating offers to purchase several properties from 2019 to date, knowing fully well that she was disbarred from practising as an attorney by the Western Cape High Court. The misappropriation was done in her professional capacity as an additional duty of care and diligence in dealing with the transfer of properties and the Registrar of Deeds.”

Hani said Van der Schyff was sentenced to 10 years imprisonment for two counts of money laundering and four years imprisonment for contravening the Legal Practice Act.

She was sentenced to another 10 years for nine counts of fraud and 18 years for four additional counts of fraud, suspended for five years with conditions.

“On 30 counts of theft, the former attorney was sentenced to 10 years imprisonment, while an additional three years imprisonment was suspended for five years on an additional count of theft.

“The court ordered that all sentences imposed be served concurrently. Van der Schyff will effectively serve 10 years direct imprisonment.”

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