Crooked lawyer admits R95 000 theft

Silinga free on warning despite prosecution worry she may flee again

A CROOKED magistrate who went on the run for two years before she was rearrested this week was released on warning yesterday despite prosecution fears that she would abscond again.

Pumla Silinga, the wife of Coega Development Corporation chief executive Pepi Silinga, pleaded guilty in the Port Elizabeth Commercial Crimes Court yesterday to stealing R95 000 held in trust while she worked as an attorney between 2007 and 2008.

A warrant was issued for her arrest in March 2014 after she failed to appear for trial.

While police failed to trace her, it emerged this week that despite having her law society membership suspended in May 2009, Silinga, 47, of Walmer, was subsequently employed as an acting magistrate.

Her contract with the Department of Justice in Mthatha began in September last year and was due to expire at the end of next month.

Yesterday, department spokesman Mthunzi Mhaga said Silinga would not return to the bench.

Questioned on Silinga having been appointed to the bench and what might happen to cases she had presided over, Mhaga would only say that the department was still looking into the situation. “The department welcomes the conviction,” Mhaga said.

Pleading guilty yesterday, Silinga said she was remorseful.

Advocate Sazi Nyathi, acting pro bono because he claimed Silinga could not afford legal fees, said her marriage had taken strain after the charges came to light.

Nyathi said Silinga, who earned about R37 000 a month as a magistrate, had to sell her assets to pay back R40 000 yesterday to the victim.

Nyathi had earlier said his client would use her magistrate’s salary to continue to make monthly payments to the state until she had repaid the full R95 000.

He argued for a non-custodial sentence so she could hold onto her position.

Nyathi said while Silinga was aware that withdrawing funds from the trust account was unlawful, she had used the money to help her mother get treatment for cancer. Her mother has since died.

Nyathi said

Silinga had planned to put the money back but was unable to do so.

He said Silinga was severely traumatised by her incarceration since Monday.

State advocate Bongo Mvinjelwa said a slap on the wrist would send out the wrong message.

Mvinjelwa said Silinga would not have gone on the run for two years had she truly been remorseful for her actions.

She was convicted on Tuesday for being in contempt of court and sentenced to a fine.

“She became a fugitive of justice while she was herself an officer of the court,” Mvinjelwa said.

Magistrate Johannes Claassen said he required a correctional supervision report to come to an appropriate sentence.

Because it could take up to six weeks to compile such a report, Claassen said it would be appropriate for Silinga to be released so that she could in the meantime continue to work.

The case was postponed to May 30 for sentencing.