North West estate agent in hiding amid R1.9m fraud accusations

A “rogue” estate agent is in hiding after allegedly swindling unsuspecting home buyers out of R1.9 million, leaving a trail of destroyed lives and shattered dreams.

At least 20 alleged victims have come forward and many have opened fraud cases in a growing scandal involving estate agent Ester Smit of Ester Smit Eiendomme in Zeerust in the North West.

Victims push for prosecutor-led arrest

The representative of the victims, who asked to remain anonymous for fear of reprisal, has called for a prosecutor-directed arrest and the consolidation of more than 15 fraud cases reportedly opened against Smit with the police.

In correspondence to the National Prosecuting Authority (NPA), the police and the department of human settlements, the representative provided a full evidence bundle, including SA Police Service case numbers, bank records, Property Practitioners Regulatory Authority (PPRA) correspondence, company documentation and trust records.

“We… request that the [NPA] assign a dedicated prosecutor to oversee and consolidate all related matters, authorise a prosecutor-directed arrest, rather than a summons, due to flight risk, consider additional charges relating to unlawful practice and contraventions of the Property Practitioners Act,” the e-mailed correspondence states.

Cases transferred to commercial crime unit

According to the complaints, the cases have since been transferred to the commercial crime unit in Mahikeng, signalling what they describe as the seriousness and scale of the alleged fraud.

The allegations include that Smit practised as a property practitioner without a valid Fidelity Fund Certificate (FFC) since 2018, received and retained client funds under false pretences and failed to reimburse victims despite repeated demands.

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The complainants further allege that Smit is insolvent, has no immovable property registered in her personal name and has evaded authorities.

Smit has stopped answering calls and e-mails and has allegedly been in hiding for weeks, citing illness. Her last known whereabouts is a farm outside Zeerust, according to information supplied to authorities.

Multiple grievances were allegedly lodged with the PPRA over several years, warning that Smit, and at times her daughter, were operating without valid FFCs.

Victims argue that the PPRA’s alleged inaction enabled the continued operation and expansion of the scheme, directly contributing to the mounting losses.

Financial structures under scrutiny

Among the red flags is the registration of a new company, Ester Smit Eiendomme Properties, shortly after the alleged fraud was exposed, as well as the use of a bank account into which alleged victim funds were paid.

A family trust linked to Smit, which holds agricultural property in the Zeerust area, is also cited in the complaints.

At the time of publication, neither Smit, nor her lawyer had responded to requests for comment.

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North West police spokesperson Colonel Adéle Myburgh, said the cases were carried over to the commercial crime unit, which falls under the Hawks. Clarence Catin, PPRA head of investigations and enforcement, said it was unfortunate that the complainant sought to apportion all the blame for Smit’s conduct to the PPRA.

“We share her concerns and are equally outraged that so many have been affected by her fraudulent conduct.

“We are not insensitive to the plight of the victims and do not want to sound as though we are blaming them.

“We understand they may have been duped into paying the money to [Smit].”

Catin said Smit was under investigation. “She has been charged with contravening Section 48 of the Property Practitioners Act 22 of 2019.

“She was scheduled to appear before an adjudicator on 4 December. She failed to appear and the matter was postponed.”

Catin said the matter will proceed in Smit’s absence, should she fail to appear at the next scheduled hearing.

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Essential steps for buyers

The Property Practitioners Regulatory Authority (PPRA) have urged consumers to exercise strict due diligence before handing over large sums of money to anyone claiming to be an estate agent.

According to PPRA, the first and most critical step is to confirm that the individual claiming to be an estate agent is in possession of a valid and current Fidelity Fund Certificate (FFC) issued by PPRA.

Without an FFC, a person is not legally permitted to operate as a property practitioner in South Africa.

Clarence Catin, PPRA head of investigations and enforcement, said consumers are further advised to ensure that the practitioner is employed by a firm that is properly registered with the PPRA, holds its own valid FFC and operates a compliant trust account with a recognised bank.

He said these details could be verified with a simple phone call to the PPRA on 087-285-3222.

Regulators caution that consumers should never do business with anyone who cannot immediately produce an FFC when requested, and should never hand over money before all credentials have been verified — regardless of how persuasive or convincing the individual may appear.

“Never do business with anyone who cannot produce an FFC when requested to do so.

“Never hand over money before the above has been verified no matter how convincing or persuasive the person is,” the PPRA’s Catin cautioned.

He said background checks and verification are essential, particularly when large sums of money are involved.

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