JOHANNESBURG – Former attorney Sello Mabena has been sentenced to seven years in prison after being found guilty of theft from a deceased estate. The Specialised Commercial Crime Court in Palm Ridge handed down the sentence, marking the culmination of a lengthy investigation into Mabena’s fraudulent activities.
Mabena, 54, who was previously struck off the roll of practising attorneys in 2007, was appointed as the administrator of the estate of the late Phyllis Debie Tepper. However, investigations revealed that his appointment was fraudulent, setting the stage for a series of illicit transactions.
Mabena transferred over R1.3 million from the deceased estate into his personal bank account, using the funds for personal expenses, including salaries for his employees. His company, Banchivis Property Holdings, also received R800,000 from the estate.
The investigation, led by Captain Moabelo, uncovered a web of deceit orchestrated by Mabena. He had falsely claimed that the executor of the estate, Ben Lepley, was still alive and married, when in fact, Lepley had passed away in 2015 and was unmarried. This fabrication was crucial to Mabena’s scheme, allowing him to assume control of the estate funds.
Throughout the proceedings, Mabena maintained his innocence, pleading not guilty to the charges. However, Senior State Advocate William Nonyana presented compelling evidence demonstrating Mabena’s culpability. Nonyana revealed that Mabena had forged letters of executorship and fabricated signatures of a Master of the High Court officer to facilitate his fraudulent activities.
“His company, Banchivis Property Holdings, also received R800 000 from the estate. The investigation further revealed that the alleged executor of the estate, Ben Lepley, had passed away in 2015 and was not married, contrary to claims made during the appointment process. The accused denied the charge brought against him and pleaded not guilty." explained Phindi Mjonondwane, NPA Gauteng regional spokesperson.
Mabena’s attempts to deflect blame and portray himself as having repaid the stolen funds were unsuccessful. The court, unconvinced by his repeated and contradictory claims, labelled him a “pathological liar”. This assessment of his credibility ultimately contributed to the guilty verdict.
"During the proceedings, senior state advocate, William Nonyana, had revealed the culpability of the crime committed by Mabena and had stated that the accused had deliberately created false letters of executorship and forged the signatures of an officer employed by the Master of High Court," said Mjonondwane.
The NPA, in a statement released by spokesperson Phindi Mjonondwane, welcomed the court's decision.
“This case demonstrates the NPA’s commitment to fighting corruption and ensuring that those who abuse their positions for personal gain are held accountable,” Mjonondwane stated. "Mjonondwane said Nonyana showed that Mabena deliberately fabricated documents to acquire the alleged money." She added.
"The court labelled Mabena a pathological liar due to his consistent claims of repaying the stolen money, despite evidence to the contrary. Mabena’s repeated false assertions led the court to question his credibility, ultimately impacting the outcome of the case. This case demonstrates the NPA’s commitment to fighting corruption and ensuring that those who abuse their positions for personal gain are held accountable."
