Cape Town lawyer who enaged sexual acts on minors, will be sentenced in April

A Cape Town lawyer will know his fate, when he will be sentenced in the Wynberg Regional Court, in April 2024, for statutory rape, a count of sexual exploitation of a child and a count of engaging in sexual services of a person 18 years or older.

Theo Hartzenberg lured homeless teenagers into the beach huts at Muizenberg Beach, where he would pay them for sexual favours.

National Prosecuting Authority (NPA) spokesperson in the Western Cape, Eric Ntabazalila, says the State will ask the court to impose the maximum sentence of the prescribed minimum sentence for the charge of sexual exploitation of children which is 15 years direct imprisonment.

‘’The State preferred more than 20 charges against Hartzenberg, and he pleaded not guilty to all of them when he appeared at the Wynberg Regional Court.’’

‘’The State ran a full trial calling witnesses who testified as victims of his crimes. The first witness, a 21-year-old who has been homeless since he was 18, testified that he knew Hartzenberg as the lawyer who stayed in a block of flats in Muizenberg close to Muizenberg Beach. He got to know about the accused from other boys and first met him when he (the witness) was with a friend. He saw the accused coming out of his block of flats and heading towards the beach. The accused went behind a wall with a red roof and the witness and his friend followed him. The accused called the friend, and the witness was on the lookout while the accused and the friend had sex. He was paid R100 for being on the lookout. The next day, the accused, his friend, and another boy had sex with the accused, and he paid them R100 each,’’ heard the court.

‘’After the second incident, the witness informed other boys that they could have sex with the accused and get paid. They would sit and wait for him to come out of his block of flats, watch him head to the beach, follow him, wait for him to finish smoking, have sex with him, get paid R100 and go. The accused would not speak to them, and the witness would use his money to buy food and glue. The witness also smoked a button (Mandrax). Sex for money with the accused happened on many occasions - from Monday to Friday and on weekends they would have sex in one of the ‘cookies’ (the colourful Muizenberg Beach bungalows). He alleged the accused would go into one ‘hokkie’ and they would go to the adjacent hokkie. They would then go one by one into the ‘hokkie’ where he was and have sex with him and get paid R100 each occasion.’’

The next witness was a 16-year-old who testified via CCTV camera facilities, and he confirmed the evidence of the first witness.

‘’On the first occasion, he attempted to have sex with the accused but couldn’t get an erection and was paid R100. On the following occasions, he and the other boys had ‘ought’ (sex) with the accused and at the ‘cookies’ on weekends and each was paid R100. He also alleged that other boys would go but not get an erection, they would be paid R50. He was a learner but would bunk school on Fridays to beg at the beach. His parents were not aware of what was happening. After the State closed its case, the accused brought an application for discharge in terms of Section 174 of the Criminal Procedure Act 51 of 1977 for some of the charges preferred against him.’’

Ntabazalila says the State opposed the application, but it was granted on most of the charges against him.

‘’Opening its case, the defence indicated that it wanted to do an inspection in loco and to do that it had to lead a witness, but that witness was not available. The court enquired why the accused could not testify and the defence submitted that if the witness testified, the accused might not have to testify. The court refused to postpone the case for the witness indicating that the defense failed to show that the accused would be prejudiced in his defense if he testified first. Hartzenberg refused to testify insisting on the postponement. The court then closed the defence’s case.’’

In her arguments, prosecutor Jacqueline Hefele told regional court magistrate A Jacobs that the accused knew the victims were street children and therefore vulnerable and easily exploited. She emphasised that the witnesses did not contradict themselves. The accused knew the victims as he admitted to giving them money and food and the witnesses had no reason to fabricate evidence against their benefactor.

Sentencing proceedings will resume on 18 April 2024.

 

Done By: Mitchum George