…as court dismisses fraud case against him
.. but fines him M20 for being in Lesotho illegally
Kabelo Masoabi
A South African man, Guy David Gibbons, has been discharged and is now a free man following a ruling by the Leribe Magistrate’s Court.
The decision was handed down by Magistrate Thoora Semela after the court found insufficient evidence to sustain a fraud charge against the 43-year-old from Bergville, a small town in KwaZulu‑Natal.
Gibbons had been accused of defrauding Empire Guesthouse of M1 785 after allegedly failing to pay for two nights’ accommodation at the bed-and-breakfast establishment in Leribe.
Representing the accused, Advocate Ramaema Mahula, argued that his client had not acted with criminal intent. According to the defence, Gibbons arrived at the guesthouse on 19 October 2025 and requested accommodation for eight days.
At check-in, he reportedly informed management that he did not have cash on hand but intended to make an electronic transfer once he had accessed his bank accounts.
Adv Mahula submitted that Gibbons was arrested on the third day of his stay, having only spent two nights at the establishment. He told the court that his client had experienced difficulties accessing funds from his bank accounts, preventing immediate payment.
“He has been in custody since 21 October 2025 until today, so there was no way he could have sorted out the payment while in custody,” Adv Mahula argued.
The defence further contended that the prosecution had failed to produce concrete evidence showing that Gibbons’ bank accounts were depleted or overdrawn at the time he undertook to pay electronically.
“What proof can be produced in court at this moment? None,” Mahula submitted, maintaining that the essential elements of fraud — particularly intent to deceive — had not been proven beyond reasonable doubt.
The Crown’s key witness, Nthabiseng Pitso, manager of Empire Guesthouse, testified that Gibbons arrived requesting accommodation for eight days and assured her he would make payment electronically.
On the strength of that assurance, she allowed him to check in without upfront payment.
Ms Pitso told the court that after two nights she requested payment. Gibbons asked for the bill but left the premises while it was being prepared and did not return immediately.
She further testified that police officers from St Monica’s Police Station, located near the guesthouse, later arrived looking for Gibbons. According to Ms Pitso, the officers informed her that he had allegedly failed to pay a 4+1 taxi driver who had transported him to the guesthouse.
“I was advised to alert the police when the accused returned,” she told the court.
Ms Pitso later received a message instructing her to report to the police station, where she found Gibbons already in custody.
According to her testimony, Gibbons explained that he had travelled to Maputsoe in an effort to resolve issues with his bank card but had been unsuccessful. Police officers subsequently directed that they return to the guesthouse to settle the outstanding payment.
In an effort to demonstrate that he had funds available, Gibbons allegedly accessed internet banking on Ms Pitso’s cellphone to display a Standard Bank account.
However, she testified that she observed an overdraft of approximately M65 000 on one account and a negative balance of about M500 on another.
Ms Pitso further alleged that Gibbons had mentioned owing money to a police officer and expressed a desire to resolve all outstanding financial obligations.
After considering submissions from both the prosecution and the defence, Magistrate Semela ruled that the Crown had failed to establish a prima facie case of fraud.
The court found insufficient evidence to prove beyond reasonable doubt that Gibbons had intentionally misrepresented his ability to pay in order to unlawfully benefit from accommodation services.
As a result, the case was dismissed and Gibbons was discharged.
The court however fined Gibbons M20 for entering the country without proper legal documentation. He paid the fine and was subsequently released.
