A Cape Town lawyer will serve eight years behind bars for the sexual exploitation of homeless minors and paying them for sexual services at Muizenberg beach.
Theo Hartzenberg, 36, was sentenced in the Wynberg Regional Court this week after being convicted of more than 20 charges.
Hartzenberg had pleaded not guilty to all charges.
National Prosecuting Authority spokesperson, Eric Ntabazalila, said it was also ordered that Hartzenberg’s name be added to the National Child Protection Register, to be included in the National Register for Sex Offenders and he was declared unfit to possess a firearm.
In February, the court convicted Hartzenberg on a count of statutory rape, a count of sexual exploitation of a child and a count of engaging in sexual services of a person older than 18 years.
“The State ran a full trial calling witnesses who testified as victims of his crimes. The prosecutor, Jacqueline Hefele, called the State’s first witness, a 21-year-old who has been homeless since he was 18, who testified that he knew Hartzenberg as the lawyer who stayed in a block of flats in Muizenberg close to Muizenberg Beach.
“He learned about Hartzenberg from the other boys and first met him when he was with a friend. He saw the accused coming out of his block of flats and heading towards the beach. Hartzenberg went behind a wall and the witness and his friend followed him. He was paid R100 for being on the lookout. Sex for money with Hartzenberg happened on many occasions – from Monday to Friday and on weekends they would have sex in one of the colourful Muizenberg Beach bungalows,” said Ntabazalila.
During the trial, Hartzenberg refused to testify in his own defence.
A 16-year-old witness who testified via CCTV camera facilities, confirmed the evidence of the first witness.
“After the State closed its case, the accused brought an application for discharge in Section 174 of the Criminal Procedure Act 51 of 1977 for some of the charges preferred against him. 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, Hartzenberg 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,” said Ntabazalila.
Director of Public Prosecutions in the Western Cape, Advocate Nicolette Bell, welcomed the sentence and expressed her disdain for the actions of the lawyer.
Cape Times