Man’s ‘unsound’ 15-year fraud conviction in R700k email scam scrapped after appeal

The Pietermaritzburg High Court found Bongani Jele not guilty. A man has successfully challenged a 15-year fraud conviction after his appeal was upheld in a case relating to a sophisticated email scam that cost a farmer just over R700 000. The KwaZulu-Natal (KZN) High Court in Pietermaritzburg ruled in Bongani Archibold Jele’s favour, granting his application for leave to appeal against the conviction and sentence handed down by the Ixopo Regional Court in November 2022. Jele had been accused of defrauding farmer David Stone after more than R700 000 intended for the purchase of timber poles was diverted into a bank account registered in his name. But the high court found significant shortcomings in the state’s investigation and the magistrate’s assessment, thus, replacing Jele’s conviction with a verdict of not guilty. How the farmer was defrauded The case originated in April 2021, when Stone was preparing to establish a kiwi fruit-growing operation on his farm in Donnybrook. He intended to construct a shade-net structure to protect the fruit and approached Treated Timber Products (TTP) to purchase the necessary timber poles. Following the receipt of an invoice from the company, Stone transferred R709 333.41 on 24 April 2021. The transaction initially appeared legitimate, but concerns emerged when Stone, who was away on a business trip in Mpumalanga, received a call from a TTP employee on 6 May informing him that the company had not received the money. Upon checking the invoice, Stone discovered that the FNB account number he had used did not correspond with the company’s banking details. He reported the matter to the police. Invoice and payment confirmation manipulated Stone told the trial court that the fraud had been carried out through the electronic interception and manipulation of correspondence between himself and TTP. According to his testimony, an unidentified fraudster gained access to the original invoice and substituted the company’s banking details with those of another account. The modified document was subsequently emailed to Stone, who believed he was dealing with a legitimate invoice from the timber supplier. After transferring the money, Stone emailed proof of payment to TTP. However, the fraudster allegedly intercepted this communication as well, changing the banking reference to reflect the company’s legitimate account details. Consequently, TTP was left with the impression that the payment had been made correctly, while the money had in fact been deposited into another account. Bank evidence places Jele at centre of investigation The investigation subsequently led authorities to an FNB account registered in Jele’s name. Ashley Wilson, an FNB quality assurance manager, testified that Jele had opened the account on 23 March 2021. Wilson further informed the court that Jele’s fingerprints had been taken during the account-opening process and that the cellphone number associated with the account was changed approximately a week later. Other transactions involving the account also attracted attention. Jele had reportedly obtained a replacement bank card on 20 April 2021, four days before Stone transferred the money. He had also made changes to the account’s withdrawal limits. Wilson confirmed that the payment exceeding R700 000 had been deposited into this account. Jele was eventually arrested on 2 December 2021 at a drug rehabilitation clinic in Limpopo, acccording to investigating officer Sergeant Nhlanhla Phetha. Account handed over to another man While Jele acknowledged opening the FNB account, he denied being involved in the fraudulent transaction. His defence was that he had handed control of the account to an individual known as “Sheppard”, allegedly after being introduced to him by someone called “Ma-Africa”. Jele told the court that he had received R500 for the account, claiming that Sheppard was a foreign national who could not legally open a bank account in South Africa. He also explained that the cellphone number had been changed because Sheppard was using the bank account. Regarding the replacement bank card, Jele testified that he had obtained it after his girlfriend warned him that allowing a stranger to control an account registered in his name could land him in trouble. Despite her concerns, he admitted that he had also handed the replacement card to Sheppard. However, neither Ma-Africa nor Sheppard was brought before the trial court to testify. The regional court ultimately rejected his defence, convicted him of fraud and imposed a 15-year prison sentence. Jele subsequently pursued an appeal, which was heard by the high court on 17 April 2026. KZN high court questions fraud conviction In overturning the conviction, Judge Robin Mossop identified what he considered a fundamental problem with the regional court’s ruling. The magistrate had found that Jele had “acted with common purpose with unknown persons” to defraud Stone, despite failing to properly consider his explanation that other individuals had taken control of the bank account. Mossop found that the state’s case had effectively rested on the fact that the stolen money was deposited into an account belonging to Jele. The judge, however, emphasised that account ownership alone was not enough to prove that Jele had participated in the fraudulent scheme. He also questioned the likelihood of a fraudster using a bank account registered in their own name to receive a substantial amount of money obtained through an electronically executed fraud. Mossop reasoned that such an arrangement would leave “paper trail” that could ultimately expose the perpetrator. “The fraud was relatively sophisticated and it appears inconceivable to me that this would not have been considered by the fraudster. “It appears far more probable to me that a fraudster would attempt to hide his trail by using someone else’s bank account to which he could not easily be linked, and so it turned out,” the 3 November 2026 judgment reads. State criticised for failing to investigate alternative suspects The high court was also critical of the manner in which the state handled Jele’s defence. Mossop pointed out that the prosecution had not challenged his explanation, while the magistrate had dismissed it without sufficient consideration. “The state’s case was poorly investigated and presented. “I have already mentioned the fact that the ownership of the new cellular telephone number associated with the appellant’s bank account was never investigated.” Mossop ultimately described the conviction as “unsound” and upheld Jele’s appeal against both his conviction and sentence. “The appellant’s conviction and sentence on the count of fraud are set aside and are replaced with a verdict of ‘not guilty’.”