Convicted former prosecutor seeks to become an advocate

2008-03-30 00:00

Former Pietermaritzburg senior public prosecutor Stanley Ngubane, who fell foul of the law and who had his convictions on two charges of fraud confirmed on appeal to the high court last August, has made application to the high court to be admitted as an advocate.

Ngubane’s application came before judges Jan Hugo and Isaac Madondo in Pietermaritzburg on Friday, but was postponed until April 15 to allow the KZN Society of Advocates and the KZN Law Society an opportunity to comment.

In an affidavit explaining the history of his convictions, Ngubane said he submits that the "alleged fraud was of a technical nature" and no one suffered a loss.

Ngubane was convicted in October 2004 on a charge of corruption and two counts of fraud, but his conviction and sentence of five years’ imprisonment (three-and-a-half years suspended) for corruption was set aside on appeal to the high court in August last year.

The high court judges, however, confirmed the two fraud convictions and his sentence of three years’ imprisonment, half suspended for five years.

In his affidavit, Ngubane said in respect of one of the fraud charges it was alleged that he misrepresented his name and identity number to a garage in order to purchase a car and in respect of the second charge, that he misrepresented his name and identity number to Stannic in order to obtain financing for the vehicle.

"The evidence reflected that the car dealer was not prejudiced by the alleged action as the dealer knew me personally," Ngubane states. He said Stannic was also not prejudiced as the car was fully paid.

"I submit that the alleged fraud was of a technical nature and that it did not cause loss to anyone. In the circumstances, I request the court not to hold that the said conviction led to me not being a fit and proper person [to be admitted as an advocate of the high court]."

Ngubane filed a "certificate of good character" attested to by local attorney Blessing Gerald Sosibo, who states he has known Ngubane for 15 years and is satisfied that he is a fit and proper person to be enrolled as an advocate.

When Ngubane’s application was initially received by the Society of Advocates, the society wrote to the court drawing attention to Ngubane’s admission in his founding affidavit, which simply stated that he was "convicted of a criminal offence and has since served his sentence", without giving details.

The society said the details of the nature of the offences and sentence would help to determine if Ngubane is indeed a fit and proper person to be admitted as an advocate.

Ngubane said he started serving his sentence, but after serving six months was released as a result of remission granted to him. This was before he was granted leave to appeal in the matter, he said.

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