SENIOR LAWYER ARRESTED FOR E1.2M FRAUD

MBABANE - Senior lawyer and former acting judge, Luke Malinga, has been arrested for an alleged fraud of over E1.2 million.

Malinga (77) who is also a conveyancer, was arrested with Sithembile Samukelisiwe Kunene of Lundzi (57), who is a property or estate agent. 
A conveyancer is a specialist lawyer who specialises in the legal aspects of buying and selling real property, or conveyancing while an estate agent is a person or business who arranges the selling, renting, or management of properties and other buildings.

They are alleged to have committed the offences in, 2017, 2018 and 2019.
The exact amount involved is E1 012 250. From the four counts, Kunene and her company are implicated in only two charges.

Investments

Other accused in the matter are Malinga’s law firm and Chaalom Investments (Proprietary) Limited.  Malinga operates a law firm trading as Malinga and Malinga Inco in Manzini.
 It is alleged that the pair used the company and the law firm as conduits to defraud a number of people who desired to own immovable properties in the different parts of the country.

In the first count, it is alleged that the quartet unlawfully and with intent to defraud misrepresented to one Makana Reginah Mavuso that they would transfer into her name a property situated at Ngwane Park in Manzini. 

According to the charge sheet, when they allegedly did all this, they knew that they had no authority to sell the property.
Mavuso is said to have paid them a sum of E430 000 but they failed to transfer the property into her name.

They are alleged to have committed the offence upon or about the months of July 2017 to March 2018 at or near Manzini.
Their alleged next victim was Douglas Myekeni Ntshakala, whom they reportedly defrauded a sum of E236 250. 
The lawyer and his co- accused are alleged to have promised Ntshakala that they would transfer into his name Lot 193 situated at Mathendele Township in Nhlangano. 

Again, it is alleged that when they made the aforementioned promise, they knew that they had no authority to sell the property and in the process, allegedly induced Ntshakala to his loss and prejudice of E236 250.

misrepresented

It is further alleged that on or about the month of July 2018 to April 2019, they unlawfully and with intent to defraud, misrepresented to Thulani Goodman Dlamini that they would transfer into his name Lot No.193, Mathendele Township, Nhlangano measuring 790 square metres. 
They allegedly told Dlamini that the immovable property would be transferred into his name after he had paid a sum of E196 000, which was part of the purchase price of E270 000.

With the desire to own the property, Dlamini is said to have paid the deposit of E196 000 but the quartet allegedly failed to honour their obligation as they reportedly did not transfer the property into his name.

It is alleged that in January 2018, acting jointly in furtherance of a common purpose, they allegedly defrauded Sifiso Vusani Aaron Mkhonta a sum of E150 000.
 They allegedly applied the same tricks, in that they are said to have promised Mkhonta that they would transfer into his name, Lot No 873, Ngwane Park Extension 1 measuring 1000 square metres.

immovable

According to the charge sheet, the accused told Mkhonta that the immovable property would be transferred into his name once he had paid the sum of E150 000, part of the E385 000 purchase price. Mkhonta is said to have paid the aforementioned amount but the quarter failed to transfer the immovable property into his name.

“Whereas at the time the aforesaid misrepresentation was made, the accused persons, well knew that they had not obtained authority to sell the said property and accordingly could not transfer into the name of Sifiso Vusani Aaron Mkhonta,” read part of the charge sheet.
Through their attorneys, the accused yesterday moved urgent bail application at the High Court.

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