Klerksdorp Attorney in Court Over Alleged R130,000 Theft From Deceased Estate
A former Klerksdorp attorney has been granted bail after appearing in court over the alleged theft of more than R130,000 from a deceased estate, adding to a string of previous allegations involving clients’ money.
Barend Philippus Botha, 69, appeared in the Klerksdorp Magistrates’ Court on Tuesday, 11 August 2026, following his arrest by the Hawks’ Serious Commercial Crime Investigation unit.
According to the allegations, Botha’s law firm, Botha de Wet and Roodt, was appointed in June 2016 to administer the estate of a deceased client.
More than R130,000 was subsequently transferred from the deceased’s bank account into the firm’s trust account.
Investigators allege that the money was never paid to the beneficiary as required.
Botha was arrested on Tuesday and appeared in court later that day. He was granted R5,000 bail.
The matter was postponed to 30 September 2026, when Botha is expected to appear in the Specialised Commercial Crime Court in Klerksdorp.
Previous Allegations Involving Millions
The latest case comes after Botha was previously arrested over allegations involving millions of rand in clients’ funds.
In September 2023, Botha, then 66, appeared in the Klerksdorp Magistrates’ Court after allegedly defrauding six people of a combined R3.81 million.
Police said at the time that the alleged offences involved money from three deceased estates and several property transactions.
The funds had reportedly been paid into a law firm’s trust account but were allegedly never transferred to the intended beneficiaries or clients.
The allegations raised serious questions about the handling of trust funds, particularly money entrusted to legal practitioners during estate and property transactions.
Struck Off Attorneys’ Roll
Police previously said Botha had been struck off the roll of practising attorneys by the High Court in Pretoria.
According to police, the removal followed allegations that he had failed to account for clients’ money.
The latest charge again centres on funds allegedly held in a law firm’s trust account, this time involving money from a deceased estate.
Botha remains an accused person and has not been convicted of the latest allegation. The allegations against him will have to be tested through the criminal justice process.
Hawks Continue Commercial Crime Investigation
The Hawks’ latest case highlights the continued scrutiny of financial transactions involving deceased estates and legal trust accounts.
Trust accounts are designed to safeguard money held by attorneys on behalf of clients and other beneficiaries. Allegations involving the misuse or withholding of such funds can therefore have serious financial consequences for those awaiting payment.
For now, Botha is out on bail while the case proceeds.
He is expected back in court on 30 September, when prosecutors and investigators will continue with the matter surrounding the alleged R130,000 theft.
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