Convicted paedophile Theo Hartzenberg, who lost the appeal against his conviction and eight-year imprisonment sentence, had his bail withdrawn last week and was set to continue serving his sentence this week.
Hartzenberg, 36, a former Legal Aid lawyer, unsuccessfully appealed against his conviction and sentence at the Western Cape High Court for the sexual exploitation of homeless minors and paying them for sexual services at Muizenberg beach.
Hartzenberg, nicknamed in his former neighbourhood as ‘Lawyer’, was sentenced in December 2024 by the Wynberg Regional Court after he had pleaded not guilty to more than 20 sexual exploitation charges against him.
High Court Judge Gayaat Da Silva-Salie, however, upheld the appeal and set aside the conviction and sentence against one of the charges (count 25), saying the conviction was unsustainable.
“The evidence of JF established that intercourse with Hartzenberg did occur and that he received money afterwards. However, Section 11(1) criminalises engaging the sexual services of an adult for reward, requiring proof of procurement, solicitation, or engaging of services in a commercialised sense.
“JF’s evidence does not establish that he was engaged as a sex worker or that his sexual services were procured for reward. The payment was spontaneous and unaccompanied by any arrangement or understanding that he was being hired. The essential element of ‘engaging the services’ was not proved. The conviction on count 25, therefore, cannot stand,” said Judge Da Silva-Salie.
The court found that the remaining convictions related solely to the 15-year-old minor, identified as EC, at the time.
Judge Da Silva-Salie said EC had lived on the streets without parental care or supervision, and was financially and socially vulnerable.
“His circumstances rendered him susceptible to exploitation. Hartzenberg, a 36-year-old attorney residing opposite the beachfront, exploited EC by offering small sums of money for acts of anal penetration. The conduct was predatory and targeted a child in precarious circumstances. The moral blameworthiness is high,” said Judge Da-Silva Salie.
During the trial, the court heard evidence that the complainants were boys living on the streets in the Muizenberg beachfront precinct.
They moved between the beachfront, the civic centre, the bridge, and the informal wooden structures (“hokkies”). They knew Hartzenberg by his nickname and regularly saw him entering and exiting the Empire Building.
“EC testified that Hartzenberg offered him money to penetrate him anally and that this occurred on more than one occasion in secluded areas near the beachfront. EC explained that he was living on the streets and accepted the money out of necessity,” the court judgment noted.
Judge Da Silva-Salie ordered on February 27 that Hartzenberg’s bail be withdrawn and had to report to the clerk of the Criminal Court at Wynberg on Monday, March 2, 2026, for his transportation and incarceration to a correctional facility to commence his sentence as imposed.
Chevon Booysen
iol.co.za