Cape Town sheriff accused of fraud and helping himself to trust funds

One of Cape Town's top court officers channelled money from judicial auctions into his own bank for personal use, including shopping trips to McDonald's, Checkers and CTM, according to court documents.

Nelson Ntsibantu, the sheriff of Cape Town West, deposited money from a trust account into his business account 78 times, according to papers filed in a legal showdown with the South African Board for Sheriffs.

He also faces a separate board probe for allegedly submitting fraudulent accounts from a judicial auction late last year.

Taken together, the allegations against him could become the biggest auction scandal since the demise of Auction Alliance boss Rael Levitt - except this time it involves a judicial officer appointed by the minister of justice.

Ntsibantu hit back this week, claiming the board was trying to discredit him as part of a vendetta. He accused it of illegally trying to withhold his sheriff's certificate.

"They are totally against me - I can prove it ... if needs be," he told the Sunday Times.

The sheriffs board first acted against Ntsibantu following "a host" of complaints by attorneys, the board's executive manager, Sharon Snell, said in an affidavit.

A board investigation into his accounts, which included a court application forcing him to disclose banking details, found numerous irregularities, Snell said, and led to the board refusing to renew his sheriff's certificate.

Ntsibantu then won a temporary court victory forcing the board to reissue his certificate, but was told by the judge to bring a further, amended application.

This is due to be heard in the High Court in Cape Town in the coming months.

As sheriff, Ntsibantu is responsible for executing court orders and overseeing judicial auctions in his precinct, which includes parliament.

Documents in the court case paint a picture of dubious accounting practices on the part of Ntsibantu: a list of cash withdrawals and point-of-sale purchases show how he used the trust account to buy goods from McDonald's, Makro, Builders Warehouse, Checkers, Pick n Pay and other stores.

The sheriff, who has residential addresses in Panorama, Cape Town, and the Eastern Cape, also made payments at tile retailer CTM in Mthatha.

The board's investigation had made "preliminary findings ... of fraudulent transactions perpetrated by [Ntsibantu]", Snell said in her affidavit.

"The investigation was hampered by [Ntsibantu's] refusal to disclose his business account statements which reflected that funds were being transferred between this account and the trust account," Snell said.

Sheriffs board spokeswoman Charmaine Mabuza declined to comment on the court proceedings, saying the matter was sub judice. "Mr Ntsibantu has launched review proceedings against the board in the high court ... and the board is opposing the application," Mabuza said.

The Sunday Times has also seen documents related to a separate complaint against Ntsibantu submitted to the board last year relating to improper conduct at a judicial auction.

The complaint claimed the sheriff got his brother to bid at one of his auctions, failed to disclose the prices achieved for the goods sold and submitted a fraudulent set of lower figures.

The complainant said the sheriff appeared to have pocketed the difference. A dishwasher was recorded as R10,600 lower than the bid amount, the complainant claimed.

Two years ago, Ntsibantu prompted a shouting match at a property auction when he insisted it go ahead against the wishes of both parties involved, who had reached a settlement. The incident was filmed on a cellphone and widely circulated in the property industry.

In the video, Ntsibantu is clearly instructed to halt the auction by the attorney for creditors who had applied to repossess the property. The attorney informed the sheriff that a last-minute settlement had been reached with the property owner, and the auction was therefore unnecessary.

Ntsibantu ignored the plea and proceeded with the auction, to the attorney's dismay.

In the video the sheriff becomes involved in a heated exchange with the attorney and other onlookers.

At one point, someone asks the sheriff "Why are you doing this?", to which Ntsibantu replies: "Because I want to."

Ntsibantu this week insisted he was being targeted for spurious reasons. He said the board's move against him was based on concerns raised in an "incorrect audit" which had prompted his own additional audit report.

"Even I myself was not happy [with the first audit]. The very same South African Board for Sheriffs processed it. Now they are trying something funny."

However, in her affidavit Snell said even the additional report "indicated that there were serious problems".

jordanb@sundaytimes.co.za