A children’s advocacy group says the case of a former Muizenberg lawyer who paid disadvantaged teenage boys R100 and R50 for sex showed how perpetrators exploited the vulnerability of homeless children or those from poor households.
Theo Hartzenberg was found guilty on one charge of statutory rape, and one count of exploitation and paying an adult male for sex.
Hartzenberg faced more than 20 charges at the Wynberg Regional Court and was found guilty on three.
He pleaded not guilty to all of them.
According to National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila, the first witness to testify during the trail was a 21-year-old who has been homeless since he was 18.
He got to know about the lawyer who resided in a block of flats near Muizenberg Beach from other boys.
“He first met him when he (the witness) was with a friend. He saw the accused coming out of his block of flats and heading towards the beach.
The accused went behind a wall with a red roof and the witness and his friend followed him. The accused called the friend, and the witness was on the lookout while the accused and the friend had sex. He was paid R100 for being on the lookout,” said Ntabazalila.
The 21-year-old informed other boys about how they could have sex with Hartzenberg and get paid.
They used the money to buy food, glue and mandrax.
Another witness who testified was a 16-year-old who confirmed the evidence of the 21-year-old.
“On the first occasion, he attempted to have sex with the accused but couldn’t get an erection and was paid R100. The following occasions, he and the other boys had ‘ought’ (sex) with the accused and at the colourful Muizenberg Beach bungalows on weekends and each was paid R100. He also alleged that other boys would go but not get an erection, they would be paid R50. He was a learner but would bunk school on Fridays to beg at the beach. His parents were not aware of what was happening,” said Ntabazalila.
Hartzenberg refused to testify, insisting on a postponement, and the court then closed the defence’s case.
Prosecutor Jacqueline Hefele said Hartzenberg knew the victims were street children and therefore vulnerable and easily exploited.
The matter will return to court on April 18 for sentencing proceedings.
Ilitha Labantu spokesperson Siyabulela Monakali said: “Cases of this nature paint a picture of moral degradation taking place in our society. The sad part is that these incidents often go unreported due to the complexity where perpetrators exploit the vulnerability of homeless children or those coming from poor households. They solicit sexual favours from them with the knowledge that they are in a state of desperation or in need of money and food. We strongly appeal to the criminal justice system to impose the harshest sentence on the accused.”
Cape Times