The tendency of lawyers to steal Road Accident Fund (RAF) pay-outs they are meant to administer on behalf of vulnerable clients is slowly turning the legal profession, once a champion of human rights, into a bogus profession teeming with rascals.
The judiciary is expected to uphold the highest ethical conduct; it is built on trust and holds in its hands the livelihoods and hopes of those who come to it for recourse. What then if it becomes a den of thieves?
Where is the integrity of these lawyers who live lavish lifestyles at the expense of victims of road accidents? What happened to the lawyers being guardians of justice? This is a moral disgrace, a sign of rot and systematic damage that runs deeper than the unpaid invoices and mismanaged cases.
In 2015, Palesa Mokwena ― then 10-years old ― was involved in a devastating accident and filed for compensation. However, years later, after the R3.6m payout, her mother Dineo has expressed dismay as their legal representative Caroline Kotsokwane is seemingly swindling them.
The LPC said Mkhabela was among 21 lawyers disbarred and 38 suspended this year, amid nearly 15,000 complaints in 2023.
The money was meant to bring relief to the family as their lives took a turn for the worse after the accident. The family is feeling betrayed by the lawyer who not only makes payments sporadically, but is seen spending big on social media while the family struggles.
Kotsokwane is accused of withholding R1.8m from her client before she cut contact with the family in 2022.
The Legal Practice Council (LPC) confirmed that she was struck off the roll in May 2024 after multiple complaints.
Meanwhile, Gauteng lawyer Nonhle Nkomonde is being sought by more than 20 victims for allegedly defrauding them of their RAF monies. Who is to say this is everyone they have defrauded?
Nkomonde, 34, was struck off the roll by the Pretoria high court after 29 complaints of mismanaging deceased estates and illegally selling clients’ properties. The LPC said at least 13 victims have filed claims exceeding R4.4m, though compensation depends on whether Nkomonde held a valid fidelity fund certificate.
In another case, Arnold Mkhabela from Johannesburg has allegedly misappropriated more than R8m in client funds. Notorious for this type of fraud, Mkhabela has more than 70 complaints filed against him.
The LPC said Mkhabela was among 21 lawyers disbarred and 38 suspended this year, amid nearly 15,000 complaints in 2023. The court found that he used trust funds for personal expenses, practised without a fidelity fund certificate and failed to pay annual fees.
It is not enough that they are struck off the roll or disbarred, they should be prosecuted and pay for their crimes. Justice must be seen to be done. The RAF cannot continue to be a “gravy train” for dubious lawyers ― the victims must get what is due to them.
When an accident strikes, life changes for the worst for the victims and their families. It is not by mistake or foolishness that the government has found it necessary to compensate victims ― it is a just system that should be overseen as such.
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