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The Wynberg Magistrate’s Court has sentenced a Cape Town lawyer to an effective eight-year direct imprisonment for the statutory rape and sexual exploitation of homeless boys at the beach.
On Tuesday, the court sentenced Theo Hartzenberg to eight years of direct imprisonment for sexual exploitation of a child and three months of direct imprisonment for engaging in sexual services of a person older than 18 years.
The court ordered the addition of Theo Hartzenberg’s name to the National Child Protection Register and the National Register for Sex Offenders and declared him unfit to possess a firearm.
National Prosecuting Authority (NPA) regional spokesperson Eric Ntabazalila said the state had more than 20 charges against the lawyer, and he pleaded not guilty to all of them.
The state prosecuted a full trial, calling witnesses who testified against Hartzenberg, sharing their experiences as victims of his crimes.
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The state’s first witness was 21 years old and had been homeless since he was 18. The witness identified Hartzenberg as a lawyer residing in a block of flats in Muizenberg, near Muizenberg Beach.
Ntabazalila said that the witness revealed he had learnt about Hartzenberg through other homeless boys and then met him while accompanying a friend.
The 21-year-old witness observed Hartzenberg exiting his block of flats and heading towards the beach.
The accused went behind a wall, and the witness and his friend followed.
“The accused called the friend, and the witness was on the lookout while the accused and the friend had sex. He was paid R100 for being on the lookout,” Ntabazalila said.
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The following day, the witness, his friend, and another boy had sex with Hartzenberg, and he paid each of them R100.
Ntabazalila said that after the second incident, other homeless boys spread the word that they could engage in sex with Hartzenberg in exchange for payment.
“They would sit and wait for him to come out of his block of flats, watch him head to the beach, follow him, wait for him to finish smoking, have sex with him, get paid R100, and go,” he said.
“The accused would not speak to them, and the witness would use his money to buy food and glue. The witness also smoked button (Mandrax).”
The witness testified that Hartzenberg engaged in sex-for-money transactions with him on many occasions, from Monday to Friday, and in one of the colourful Muizenberg Beach bungalows on weekends.
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The 21-year-old witness alleged that Hartzenberg would enter one bungalow, while the homeless boys would enter the adjacent one, and then take turns entering the ‘hokkie’ to have sex with him in exchange for R100.
The state presented a 16-year-old boy as its second witness, who testified via CCTV camera facilities and corroborated the evidence presented by the 21-year-old witness.
The teenager testified that during his first encounter, he attempted to have sex with Hartzenberg but failed to get an erection and still received R100.
“On the following occasions, he and the other boys had sex with the accused and at the ‘hokkies’ on weekends, and each was paid R100,” Ntabazalila said.
“He also alleged that other boys would go but not get an erection; they would be paid R50.”
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The second witness was a learner at the time, but he would bunk school on Fridays to beg at the beach, behind his parent’s backs.
State prosecutor Jacqueline Hefele argued in court that the lawyer knowingly targeted and exploited the victims, who were vulnerable street children.
“The accused knew the victims as he admitted to giving them money and food, and the witnesses had no reason to fabricate evidence against their benefactor,” Ntabazalila said.
Wynberg Regional Court found that Hartzenberg solicited the services of the homeless boys to provide him with sexual services in return for monetary payments. It found that the State proved its case against the accused.
Director of Public Prosecutions in the Western Cape, Adv Nicolette Bell, welcomed the sentence and expressed her disdain for the actions of the lawyer.
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