The Bloemfontein Magistrate’s Court sentenced a local estate agent to 21 years’ imprisonment on 10 February.
Nomakhosi Veronica Gans (40) was found guilty of fraud, forgery, money laundering and contravention of the Estate Agency Affairs (EAA) Act.
Gans was sentenced to eight years’ imprisonment for fraud. This sentence is suspended for five years, on condition that she refunds the property buyer R175 000 on or before 31 December 2024.
She received an additional five years each for money laundering and contravention of the EAA Act. The latter charge stems from her failure to apply for the fidelity fund certificate, issued by the Estate Agency Affairs Board, which regulates the estate agency sector.
Agents and estate agencies alike are obliged to renew this certificate annually.
This is issued as evidence of such registration and confirmation that the agent is legally entitled to carry out the activities of an estate agent.
Gans has been appearing in court since 12 June 2020 after being served a summons.
Her harsh sentence is the culmination of an investigation by the Hawks’ Serious Commercial Crime Investigation Unit based in Bloemfontein.
According to Capt. Christopher Singo, provincial spokesperson for the Hawks, the victim paid in cash for the purchase of a house at JB Mafora in Bloemfontein in May 2017.
The property was advertised in a local publication as being for sale through Gans Property Investments.
“Gans later contacted the victim to say that the property was unavailable, and that a new house would be sourced,” said Singo.
“The victim objected to this offer and insisted that the money be refunded. Gans then told the victim that her company was experiencing some financial difficulties, and that she would refund the money at a later stage. Despite numerous follow-ups, she failed to do so.”
According to Phaladi Shuping, provincial spokesperson for the Director of Public Prosecutions, the victim has a leeway to approach the state in the event that Gans fails to repay the full amount by the set deadline.
“There’s a possibility that the court might rule that the Asset Forfeiture Unit seize and attach Gans’s assets,” said Phaladi.
“These assets will then be auctioned off in order to repay the victim.”
