Henk van Aswegen.

A prominent South African property developer and attorney has spoken of his five-year ordeal at the hands of a flawed justice system after the State formally withdrew a multi-million rand criminal fraud charge against him.

Henk van Aswegen, 59, said the decision brought an end to a deeply damaging campaign of false allegations, reputational harm, and personal trauma. He warned his case exposed a systemic crisis: the weaponisation of criminal complaints by rivals seeking financial leverage in civil disputes.

The charge against Van Aswegen, a respected businessman from Melkbosstrand, was formally dropped last week in the Specialised Commercial Crimes Court in Pretoria. The office of the Director of Public Prosecutions in Gauteng ruled there was "no reasonable prospect of a successful prosecution", entirely vindicating the developer.

The legal saga dates back to 2006, when Van Aswegen’s firm, Jacobs & Van Aswegen Property Developers, entered a joint venture agreement with GP Smith Letting (Pty) Ltd to build the Bendor Meadows residential development in Polokwane. When the relationship soured, arbitration swung in Van Aswegen's favour. In retaliation, the complainant launched civil litigation and filed criminal charges, alleging that a R1,211,724.76 damages invoice submitted by Van Aswegen during arbitration was entirely fraudulent.