Estate agent and attorney husband fail to appear on fraud charges

Phillip Masiza and his wife Nomsa
NO-SHOW: Phillip Masiza and his wife Nomsa
Image: Eugene Coetzee

Estate agent Nomsa “Tiny” Masiza and her attorney husband Phillip failed to appear in the Port Elizabeth Commercial Crimes Court on Monday, with their defence council claiming they had been booked off for medical conditions.

The couple, who are accused of fraud, are alleged to be in quarantine at an address unknown to the state or the investigating officer in the matter, which according to the state warrants their arrest.

Prosecutor Leigh-Anne Pillay-Selahle told the court she was in possession of their medical certificates, but was unwilling to accept this as the nature of their illness was stated as a medical condition with no further details as to what the condition was.

Pillay-Selahle said the Masizas were also no longer staying at the address they gave when they were released on bail — R5,000 for Phillip and R10,000 for Nomsa — in December 2018.

“Their address should have been given by now ... at the moment we don’t even know where they are,” Pillay-Selahle said.

Defence attorney Danie Gouws said he would personally undertake to provide their new address to the state and investigating officer on Monday.

Gouws said he had spoken to Phillip, who had confirmed they were both under quarantine.

The Masizas are jointly accused of defrauding Port Elizabeth businessman Greg Billings out of nearly R1m by allegedly participating in the fake sale of a house in Burt Drive.

Nomsa allegedly posed as an estate agent selling the Burt Drive property to Billings and requested him to transfer R950,000 to the trust account of her husband.

According to state bank statements after the money was deposited, Phillip used the funds for his personal use and Billings never took ownership of the property.

In a separate matter, Nomsa, who runs her own estate agency, Khulile Properties, and another company in which she is the sole member, Lumile Building Contractors CC, is accused of defrauding two women out of more than R1m.

It is alleged she defrauded Joyce Ntsaluba out of R850,000 and Nokuzola Mgengo of R200,000 during December 2015 and June 2016 after entering offers to purchase land for the two women in Fairview.

She then allegedly entered agreements with the women to erect residential dwellings on the respective lands.

The monies meant for the transfer of title deeds and for the construction were made to the bank account of Lumile Building Contractors, but no construction or transfers took place on either of the erfs.

Both cases were postponed to September 30.

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