The appellant, Dr Allan Aubrey Boesak, a prominent cleric and political figure, was a trustee and controlling figure of several donor-funded entities, including the Foundation for Peace and Justice (FPJ), the World Alliance of Reformed Churches (WARC) account, and the Children’s Trust. Substantial foreign donations were made for charitable and humanitarian purposes during the apartheid era. In particular, US musician Paul Simon donated US$350 000 (R682 261,21) intended for the benefit of child victims of apartheid through the Children’s Trust. Only R423 000 was transferred to the Trust, while the balance remained in the WARC account under Boesak’s control. The State alleged that Boesak misrepresented the available funds to the other trustees and unlawfully appropriated donor monies for purposes other than those intended. He was charged with multiple counts of fraud and theft arising from the administration of these funds.
Leave to appeal was granted. The appeal against the convictions on the contested counts was dismissed, and the convictions for fraud and theft were upheld.
This case is significant for clarifying when the misuse of donor or trust funds constitutes theft in South African criminal law, particularly where funds are donated for a specific purpose. It is also an important authority on the use of circumstantial evidence to establish authenticity and authorship of documents, and on the duties of trustees who control charitable funds. The judgment underscores that deviation from a donor’s expressed purpose, coupled with misrepresentation, can attract criminal liability.