The appellant held title to land privately before the land reform program. He sought to sell a portion of his land to offset debts and applied for authority to subdivide and sell. The subdivision of his land (Lot 2 of subdivision E of Binder, measuring 14.6809 ha) was properly approved by the Surveyor-General and he obtained a certificate of no present interest. He instructed an estate agency to handle the sale. However, his creditors obtained a writ of execution against the undivided farm and proceeded to auction it by public auction. The public sale did not recognize the approved subdivision, creating the impression that the appellant had sold something he did not own. When the buyer of the subdivision sought to occupy the plot, he encountered difficulties, leading to a fraud charge against the appellant. The appellant was convicted of fraud under s 136 of the Criminal Law (Codification & Reform) Act and sentenced to 4 years imprisonment (with portions suspended on various conditions).