Former Head of Gauteng SIU Sifiso Kunene Sentenced to Four Years for Theft

In a ruling that casts a shadow over the legal profession, former Gauteng head of the Special Investigating Unit (SIU), Sifiso Kunene, has been sentenced to an effective four years in prison by the Durban specialised regional court. The sentence comes after his conviction for stealing more than R170,000 from a trust account intended for a client.

The 54-year-old former SIU boss's downfall began when trust money deposited by the Road Accident Fund (RAF) for a bereaved client was funneled into his firm's business account. The money, rather than reaching the client of Kunene's former law practice, Kunene Masanga Inc, was used for personal expenses, including hefty private school fees.

Magistrate Garth Davis, presiding over the case, uncovered that Kunene was in fact the sole signatory on the accounts since July 2012, discrediting Kunene's deflection of blame towards his former business partner, Mzaindilke Masanga. Contrary to Kunene's assertion of ignorance due to Masanga's alleged desertion and financial misconduct, bank records and testimony from a Nedbank employee proved that Kunene had exclusive control over the funds.

Kunene pled not guilty, claiming a lack of fair opportunity to present his case, citing the loss of relevant files over time. Nevertheless, Davis delivered a firm condemnation, emphasizing this case as symptomatic of a broader issue of trust fund theft within the legal profession.

The magistrate noted that Kunene held advanced educational qualifications and was pursuing a doctorate in law prior to his dismissal from the SIU. Despite the potential for Kunene to contribute meaningfully to society in the future, Davis deemed the gravity of the offense and societal interests as primary factors in the sentencing.

The offense was so severe that, despite Kunene's non-guilty plea and non-repayment of the stolen funds, Davis imposed a custodial sentence as the only fitting response. Accordingly, Kunene was given a six-year sentence with two years suspended.

Refusing to grant leave to appeal, Davis has sealed Kunene's fate, signaling a determined stance against corruption and theft by trusted legal professionals – essentially a call for the legal sector to introspect and reform to uphold justice and ethical standards.