Acting judge faces charges in alleged fraud scheme

Forging signatures, submitting fake invoices and receiving payments for work that was never done — this is the alleged fraud scheme that has landed Gqeberha acting judge and prominent lawyer Siphokazi Cubungu in the dock.

Cubungu is accused of bypassing internal controls to have money paid into a private account, which she then allegedly shared and spent with her co-accused, Dumisani Zwane.

Cubungu appeared in the Gqeberha magistrate’s court on Monday and was released on R3,000 bail.

The two face charges of fraud, alternatively theft, and corruption, alternatively money laundering.

The charges relate to specific payments made in March 2022 as well as May, August, September, October and November 2023.

According to the charge sheet, Zwane and Cubungu are facing fraud charges amounting to almost R200,000 in connection with their alleged activities at the State Attorney’s office in Gqeberha.

The charge sheet states that Zwane, who worked as a legal secretary in the office of the State Attorney, and Cubungu, at the time a practising advocate who from time-to-time did work for the State Attorney’s office, allegedly conspired to defraud the office.

Cubungu allegedly received five payments ranging between R12,000 and R71,250.

She is facing an additional charge of giving benefits to her co-accused, who is a public officer.

National Prosecuting Authority spokesperson Luxolo Tyali confirmed that Cubungu’s case was postponed to June 9, when she will appear alongside Zwane in the dock.

On Monday, a high court murder case she was defending could also not continue due to her arrest.

Police spokesperson Captain Sandra Janse van Rensburg said Cubungu, 46, was arrested by the Gqeberha Commercial Crimes Task Team.

"It is alleged that the suspect submitted fraudulent claims from the office of the State Attorney," she said.

The Legal Practice Council [LPC] said it was also looking into the matter.

“The matter was brought to my attention this [Tuesday] morning,” LPC provincial director Alfred Hona said.

“We shall be contacting the investigating officer seized with the case to request details of the charges.

“Once we have received all the required information on the matter, it shall be dealt with in terms of the LPC disciplinary processes as set out in the Legal Practice Act read with the applicable rules.”

Cubungu made history in the early 2000s as the second black woman to practise at the then-Port Elizabeth bar.

A well-known figure in the Bay, she graduated with an LLB degree from the former Vista University in 2003.

She garnered significant media attention when she represented Luthando Siyoni, the convicted middleman in the murder of Bay schoolteacher Jayde Panayiotou.

It is the state’s case that the pair allegedly created fake invoices for legal work that was never carried out, using old, inactive case files.

It is further alleged that they forged signatures to approve these payments, bypassing internal office procedures.

The papers claim the money obtained through these alleged fraudulent invoices was deposited into Cubungu’s bank account and then shared between the two, or used for their own purposes.

The total alleged fraudulent activity amounts to R195,600, comprising R158,500 in actual prejudice and R37,500 in potential prejudice.

Hona said that in January, they had recorded 1,734 active complaints in the Eastern Cape which varied in nature and some practitioners had more than one complaint against them.

The number of complaints, which does not represent the number of legal practitioners being investigated, frequently changes as new complaints are received every day and are also closed as and when the investigation and disciplinary processes have been concluded.

Legal expert Ulrich Roux said while the LPC could convene an internal disciplinary committee, the matter might be taken further due to Cubungu’s senior status.

“The fact that she was a sitting or acting judge clearly has further repercussions if she is found guilty of these offences,” Roux said.

“In such a case, a complaint would be lodged with the Judicial Service Commission, and one could reasonably expect that she would no longer serve as a judge, particularly given that she would then have a criminal record for fraud.

“Naturally, the allegations must first be proven.

“She will defend herself against the charges, and we will have to wait and see whether the Judicial Service Commission takes any action pending the outcome of the criminal trial.

“At this stage, as with all criminal cases, the allegations need to be substantiated, and we must observe how the process unfolds.”

Attempts to reach Cubungu telephonically and via WhatsApp messages proved futile on Tuesday afternoon.

Cubungu’s arrest comes just days after the arrest of Kabega Park police officer Sergeant Nomvuyiseko Somekete, 48.

Somekete was arrested last week by the police’s Money for Murder task team in connection with 16 charges of fraud.

The state did not oppose bail for Somekete and she was released on R500 bail on Thursday and her case was postponed for further investigation.

The charges against her relate to a string of allegedly fraudulent life insurance and funeral policies she took out.

Somekete allegedly added herself as the sole beneficiary of the policies.

The total value of the policies is about R1m, the state alleges.

The Herald