/ 28 September 2022

No record of ‘Casanova’ fraudster Johan Fouche as a legal practitioner, at least after 2009

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Johan Fouche has allegedly presented himself to some of his victims as an attorney and advocate but the statutory Legal Practice Council (LPC) says it has no record of him being registered as a legal practitioner.

The Legal Practice Council’s senior manager for communication and engagements, Kabelo Letebele, said: “We can confirm that Johan Fouche is not listed as a practitioner in the LPC database. The Legal Practice Act requires that qualified and admitted legal practitioners – attorneys, advocates and candidate attorneys – need to be registered with the Legal Practice Council in order to be in practice.”

He was not able to detect any record of any registration prior to 2009 due to time period limitations regarding the organisation’s online record-keeping system.

Letebele said the Legal Practice Act gives the LPC jurisdiction over admitted legal practitioners.

“Instances where individuals misrepresent themselves as legal practitioners are approached as criminal cases, and members of the public and/or the LPC can lodge a formal criminal case against such individuals with the South African Police Service (SAPS). Our oversight and disciplinary processes apply duly to admitted legal practitioners,” Letebele said.

Fouche, who has a criminal record for fraud, has been able to open myriad business accounts and hold directorships, a position convicted fraudsters should not hold, according to the Companies Act, although it is silent on new businesses. 

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Fouche’s current business, Asiphakame, is also not registered as a financial services provider with the Financial Sector Conduct Authority (FSCA). Fouche’s firm offers consumers a range of financial services including those related to credit, trusts, loan sourcing and wills.  But it seems these statutory authorities are not likely to take any action against him or the business. 

A spokesperson for the FSCA confirmed that Fouche, his business associate Leonie Dempers and the firm Asiphakame FinServ are not registered with the regulatory body. She added that while it was not legally permissible for a convicted fraudster to be registered as a financial services provider, his business did not seem to qualify for registration at the FSCA.

“The services on their website do not qualify as financial services or products as defined by the Acts under our watch. Thus based on preliminary review of their website they do not fall within our jurisdiction. We cannot confirm for other regulators,” the FSCA spokesperson said.

She said the penalties for registration non-compliance, including administrative penalties involving fines and criminal sanctions, could also result, adding: “In this case they are not subject to our Acts.”

She advised victims of fraud to report cases to the police because “they are the only authority empowered to investigate the criminal offence of fraud”.

According to Companies and Intellectual Properties Commission (CIPC) spokesperson Marcia Marodi, the Companies Act prohibits a person who has been convicted and imprisoned without the option of a fine or fined more than the prescribed amount, to be appointed or serve as a director of a company.

“It makes sense that a person who is mentioned above must suffer the consequences of his/her action and be removed from the system until he/she is rehabilitated. CIPC implements and ensures compliance with the Act, therefore CIPC has established a register of persons disqualified, and upon receipt of the court order, CIPC registers the persons disqualified and all CIPC systems then check against this register when a person is appointed as a director of a company/co-operative or member of the CC [close corporation],” she said.

“So the Act refers to serving as a director or member of the company/co-operative or close corporations respectively. With regards to opening the business the Act is silent.”

Asked whether Fouche, serving as a director of multiple firms, had slipped through the cracks, she responded: “We don’t know Johan Fouche and we cannot confirm neither deny if he slipped between the cracks.”

She added that the CIPC could only take action according to a court order regarding a conviction.

The Financial Intelligence Centre referred questions to the CIPC and FSCA.

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