The investigation stems from allegations that a firm of THE attorneys, Botha and Sutherland, made undue monthly payments to Roberto Small, a legal advisor employed by Regent Insurance, to secure new litigation instructions. The monthly payments, which began at R4000.00 in July 2011, continued until October 2013. These payments were made to the bank account of Martie Schutte, a friend of Small, who prepared invoices for bookkeeping services. Small then forwarded these invoices to Botha and Sutherland for payment.
During this period, Botha and Sutherland were panelled attorneys for Regent Insurance. The payments led to Small providing them with new litigation instructions. The individuals implicated in these suspected contraventions are: Corne Frederick Vander Nest – Attorney and partner in Botha and Sutherland, Roberto Small – Former legal advisor at Regent Insurance, who appropriated the payments for personal gain and Martie Schutte – Bookkeeper and accomplice of Small, who facilitated the payments through her bank account.
It is alleged that Botha and Sutherland made these payments to benefit Roberto Small, who in turn secured new litigation instructions for them. Neither party had the right to such payments, which totaled R100,000.00, causing actual financial loss to the complainant.
Martie Schutte, has since passed away. The remaining accused appeared at the Palm Ridge Specialised Commercial Crimes Court on Monday, 03 February 2025. The matter has been postponed to 25 February 2025 for disclosure, with the accused warned to attend the proceedings on the said day.