Victims suffer as lawyer 'gives them the run around'

06 March 2016 - 02:00 By Sabelo Skiti

A six-week Sunday Times investigation into lawyer Zuko Nonxuba’s practices has uncovered how the Eastern Cape lawyer — who sells himself as a crusader for justice — allegedly enriches himself on the pain of broken rural people, many of them illiterate. We tell their stories. Disabled son finally paid out sub_head_endTozama Quta is livid. The 57-year-old widow only recently found out the RAF had paid out damages for her disabled son more than two years ago.story_article_left2Up until the Sunday Times visited her six weeks ago, she had not received a cent of the R1.6-million.Her lawyer, Zuko Nonxuba, just two weeks before we contacted her, on January 21, told her the case was ongoing, she said."Just last week he told me to fax through a copy of my son's identity card. Now you're telling me he has had our money for so long? I cannot believe this," Quta said in her humble home near Mount Ayliff, in the Eastern Cape.Quta's son, Ayabonga Sekwa, 19, was seriously injured when he and his second cousin were hit by a truck in 2009. He dropped out of school and now limps around the village.The RAF and Nonxuba reached an out-of-court settlement in May 2014 and a few days later R1.6-million was paid into Nonxuba's account.A couple of days after the Sunday Times requested a copy of Quta's court order from the High Court in Mthatha, Nonxuba called Quta to tell her of her payout. He put R300, 000 into her account and promised to deliver her bill. Four weeks later he is yet to visit her.sub_head_start Ten years later, still waiting sub_head_endDespite several complaints to the authorities, including the police, Nxeko Lutshete of Mdantsane is still waiting for more than R500, 000 owed to him by Nonxuba.He was awarded just more than R2-million by the Road Accident Fund in May 2012 after being crippled in an accident in 2006, but fell out with Nonxuba after he confronted him about the payment.mini_story_image_hleft1In an affidavit submitted to the RAF's forensic investigation department and the police in 2012, Lutshete, 54, said Nonxuba paid him only R308, 000 of the award."I made inquiries about the status of my claim at the East London offices of the RAF and was told that an amount of R2003320.10 was paid to Mr Nonxuba's account. Mr Nonxuba never informed me," he wrote in the affidavit.After confronting Nonxuba, Lutshete was paid R308000 in 2012 and told to expect a further R450000 in six weeks.The second amount was never paid. Four years later, Lutshete is still waiting for the balance, less deductions for legal fees.Nonxuba's attorney, Dudley van Heerden, said: "We wish to place it on record that our client fully accounted to Mr Lutshete. Unfortunately, due to the fact our client is bound by professional relationship, and we have not been furnished with a written waiver ... we cannot divulge any further information."Lutshete has now engaged two attorneys, lodged complaints with the law societies of the Cape and the Free State, and in October last year sought help from the Attorneys Fidelity Fund, which protects the public against loss as a result of theft by lawyers. The fund said it was probing the claim.sub_head_start ‘So many promises were made to us’ sub_head_endDreams of her disabled son attending school and gaining a measure of independence are slowly slipping away for Nobathembu Katshele."By now he should be in school. It's painful noticing that your child is quite intelligent but you can't take him to school because of his condition."mini_story_image_hleft2Four-year-old Zubenathi is incontinent, and cannot speak, sit up, or exercise full control of his limbs as a result of negligence and abuse Katshele suffered while in labour at All Saints Hospital in Ngcobo in 2011.Initial hope and excitement that Zubenathi would grow up able to cope with his disability has been replaced with fear and desperation after she found out that her attorney, Zuko Nonxuba, could not be trusted."There were so many promises about building a house for my son, getting the ground levelled to allow him to use a motorised wheelchair, plus a vehicle to transport us around. But none of that has happened," said a dejected Katshele from her home in Luhewini village near Ngcobo in the Eastern Cape.Up until last month Katshele trusted Nonxuba, but a radio interview on Umhlobo Wenene FM with Avela Mathimba, a paraplegic taking on the disgraced attorney for an award, set off alarm bells.In January, the Sunday Times reported that Mathimba had not seen a cent of a R9.6-million payout from the Road Accident Fund and the Eastern Cape department of health that was deposited into Nonxuba's account in 2013.Katshele said Nonxuba told her she had been awarded only R3-million - R9-million less than the actual R12-million payout."He spoke so well and was so nice, you would never have imagined he is a crook."story_article_right1Katshele, 43, said Nonxuba even convinced her to tout for him - an illegal act. "He said I should refer other women in my situation around here and he gave me R500 per person. I did not know it is not allowed, I trusted him ," she said.In May 2014, the High Court in Mthatha directed Nonxuba to deposit the proceeds, less the attorney client costs and disbursements, into a trust account for the child's benefit within three months . Twenty-one months later, the Master of the Court in Mthatha region, where all trust information is kept, could not find any record of the trust, nor was the Sunday Times able to establish whether Nonxuba had informed the court of his failure to open the trust.Nonxuba, speaking through his attorney, Dudley van Heerden, insisted he did register a trust but refused to provide a copy of the letter of appointment as he had not received a written waiver. "All our client's dealings were ethical and professional and any suggestion to the contrary is denied," he said .The only benefit, Katshele said, was a three-week stay last year at Aurora physical rehabilitation hospital in Port Elizabeth, where she was taught how to care for her child.sub_head_start Client's R1.6m award sliced in half as the rest goes to 'charges and everything' sub_head_endmini_story_image_hright3Phumzile Masekwane's wife, Nozuko, is still mad at herself for allowing her husband to be dragged off for a one-on-one with Zuko Nonxuba.The Masekwanes had gone to Mthatha in the Eastern Cape, summoned by the attorney to collect their award of R1.6-million from the Road Accident Fund.Phumzile, 51, is permanently disabled on his right side following a head injury he sustained when his vehicle rolled on the road between Mount Fletcher and their home town of Tsolo in the Transkei ."On that day, we sat as per normal at the high court waiting for him to finish what he was doing inside. While we were waiting, he came and asked my husband to come quickly and I never thought this would be to sign for the money," said Nozuko.story_article_left3Phumzile added: "Inside the room he did not explain anything in detail, all he did was show me where to sign, and then he said the money would be in our account soon."He never said how much it was, and a few days later a deposit of R400000 was made."After that another R400000 deposit came and when my wife called and asked him whether this was it, he said he would explain everything. We met again and he showed us this thick document showing that we were awarded a total of R1.8-million [R1.6-million plus party and party bill of R235098] and the rest had gone to charges and everything."The Masekwanes did not know that in the documents Nonxuba showed them was a court order stating that the RAF would pay the court costs. Nonxuba made them pay him for services he had already been paid for by the fund .Nozuko was livid when she found out."I knew there was something wrong with how this whole thing happened, but we did not know what had gone wrong. What raised my suspicion is that Zuko called my husband aside and when he came back he could not explain what he had signed. That bothered me, and now I know why."Nonxuba’s lawyer said his client acted in an ethical and professional manner, and fully accounted to Masekwane...

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