property scam
Zainul Dawood|Published
Former eThekwini councillor Ismail Cassimjee has told the Durban Regional Court that he acted as a facilitator in property transactions and received fees, as he faces fraud and theft-related charges involving R1.5 million.
The state alleges that Cassimjee, 55, of Chatsworth, and his co-accused Thamothran Junior Raman, 61, of Bellair, ran a property sale scam. They were in the dock on Wednesday for fraud cases registered in Chatsworth, Greenwood Park and Brighton Beach after being arrested by Chatsworth detectives in February 2022.
Cassimjee was previously denied bail by the Chatsworth Magistrate's Court and has since been awaiting trial at Westville prison. Raman was found guilty of fraud in another case and was sentenced. Raman is also serving his sentence in Westville.
Property sale fraud
Cassimjee is the director of Thaiybah Holdings property sales and rental. The State alleges that transactions took place between Thaiybah Holdings and Brackley Trading, allegedly managed by Raman.
According to the charge sheet, in December 2019, in Chatsworth, Cassimjee and Raman falsely claimed to Mohamed Abdool that the logbook for the sale and registration of a Nissan Almera purchased for R10,000 was valid. Cassimjee allegedly told Abdool that he was the registered owner when he was not.
In other matters, the State says the pair defrauded Jerome Govender of R567,000 when they allegedly tried to sell him a property in Umhlatuzana, Chatsworth; defrauded Imam and Fathima Kader - Cassimjee's sister and brother-in-law - of R612,000 when they allegedly tried to sell them a house in Malvern; and defrauded Essop Kajee when they tried to sell him a property on Marine Drive for R1.1 million.
The State said none of the properties were for sale and neither did Cassimjee and Raman have authority to sell the properties.
Abdool died before he could testify in court, while Cassimjee’s sister and brother-in-law, Govender and Kajee have testified.
Cassimjee collected facilitator's fee
In court on Wednesday, Cassimjee took the stand to give his version of events, saying he only took R15,000 from each deal as a facilitator's fee. His counsel, advocate Russell Hand, instructed by attorney Kassim Suliman, cross-examined him.
Cassimjee told the court he believed that Raman, who he met through a relative, had a contact at the Master's Office who knew about properties going on auction.
While discussing jointly renting a house in Malvern with his sister, Fathima, the conversation turned to buying the property, which Raman said could be had at a reduced price of R500,000, Cassimjee said.
Showing his sister a house for sale
He told the court that Kader had confirmed he had R30,000 available for a three-month rental amounting to R10,000 per month.
“He did a human act. It was emotional. Giving the rental was a good gesture. I called my wife and children. I told them this is what it is. We should pack up. I phoned my relative and told him we are ready now. How much is the rental,” Cassimjee said.
He told the court that his relative and Raman arrived at his home. Cassimjee claimed that Raman set a date for them to view the house after confirming with the owners of the property.
“My sister, brother-in-law, and I went to view the house. Accused 2 showed me two other houses, but we were not keen on them. When we arrived in Malvern, we stopped at a house and Raman hooted. A man opened the gate and let us in,” he said.
Rent or buy a house?
The family viewed the house and the outbuilding. Cassimjee said the house had a massive lounge and kitchen and was empty with no furniture.
“My sister and I got excited. We plotted which room we would have. My wife and I and our four children will live in the main building. We have to do a lot and sort out items,” he said.
Raman, at this stage, had not informed him about the monthly rental charge because he had to reach the property owner in Johannesburg. Cassimjee said his relative called him the following day to advise him that he should consider buying the property instead of renting it. He had heard through Raman that the property had been listed for repossession by the bank
“I told my relative that we would not be able to purchase the house. I did not know Raman well. My relative told me he was a good guy, and he bought a house from him as well. Raman came to my house with a list of properties, including the Malvern property, which he said he could get at a reduced price of R500,000,” he told the court.
Cash to pay off officials
Raman allegedly asked for cash payments to avoid a transaction trail.
“At that stage, the original intention was still maintained. I was buying the house and the family member was making the money accessible for me to buy the house,” he told the court.
He confirmed receiving multiple payments to Thaiybah Holdings and said he withdrew large sums to pay Raman. He told the court that Raman wanted cash to pay off officials. The family’s confidence and trust grew when Raman handed them a document regarding the property with the Sheriff’s office stamp on it.
Drive past the property only
Cassimjee claimed his sister Fathima had introduced him to Govender, who had been looking for a house to purchase in Chatsworth. Cassimjee contacted Raman about this. He told the court Raman gave him the address of a house for sale in Umlathuzana.
“Govender was told to drive past the property and not go inside because the Master's office was still busy removing the occupants. Govender was not happy with the property and was then directed to another house in Umlathuzana. Raman told him to drive past and not to enter the property. The process started to unfold,” he said.
The same scenario unfolded for Kajee. Cassimjee said his family wanted to start a business venture by buying and selling property.
“I told them I will administer this. Then we got a letter from a conveyancing attorney by Brackley Trading, allegedly managed by Raman. They will sort out the documents and paperwork,” he said.
No progress report
Cassimjee said Thaiybah Holdings became involved in the transactions because Raman could not directly deposit money into the Master's office bank account to get a property registered. When he returned from a trip overseas he was informed that Fathima, Govender and Imam were not happy because Raman had not given them a progress report.
Hand asked Cassimjee if Thaiybah Holdings had taken any steps to recover the money from Brackley Trading.
“Yes. I tried to. I went to Standard Bank but they could not give me information. When I did get hold of Brackley Trading, I was told they did not know what we were speaking about,” he told the court.
Attorney Mqondisi Mkhize, representing Raman, is expected to cross-examine Cassimjee when the matter returns to court on October 30. Prosecutor Surekha Marimuthu is also expected to cross-examine both accused.
Cassimjee was a DA eThekwini ward councillor in Chatsworth before being dismissed by his party.
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