The Legal Practice Council (LPC) has dismissed a complaint against a Johannesburg law firm after the South African Municipal Workers' Union (Samwu) accused it of misconduct, alleging it had not fully accounted for more than R18m paid to it.
This week, the LPC found there was “absolutely no merit to the union’s complaint” and dismissed the complaint which was lodged in November.
Samwu lodged a billing complaint against Ndou Attorneys, which represented it for five years, and its chair Phumudzo Ndou, alleging among other things that the firm had failed to provide full documentation for about R18m in fees paid to it over the period.
Samwu deputy secretary Nkhetheni Muthavhi had laid the complaint with the LPC on behalf of the union, accusing Ndou Attorneys of refusing to “provide a close-out report on all they were handling as of the date of their withdrawal from the union’s panel”.
The LPC, however, found “it is difficult to understand” some of the complaints raised by Samwu, including the alleged failure by the law firm to account for payments made, fees and costs and refusing to withdraw as attorneys of record.
Muthavhi said as far as he was aware, the matter between Ndou and Samwu was still under investigation at the LPC.
“I have complained to the LPC they have requested that we furnish them with the resolution which empowered me to lay the complaint and that has been done .
“My understanding is that Ndou was supposed to respond and we be given a chance to respond to his side of the story”.
Muthavhi said he had not seen Ndou's response “to confirm the veracity of the information.”
“I have not had the sight of the outcome of the investigation; in short LPC didn't send me the outcome of their investigation,” he said.
The LPC found it was not possible for an attorney to refuse to withdraw as the “client has the right to simply terminate the attorney’s mandate and from then on, as far as the client is concerned, the attorney would no longer be acting for the client”.
“[On] failure to account for R18.059,402.89 the union had paid from 2019—2024. The way to account to a client for any amount of money is for an attorney to render an invoice or invoices, statements of account or bills of costs. The bundle of documents contains a 17-page bill of costs prepared by the law firm which itemises the services rendered,” the LPC stated in its findings.
It also stated that the bill of costs from Ndou Attorneys to Samwu had included the time spent, fees charged and disbursements.
“Having considered the complainant’s [the union’s] complaint, the respondent’s [the law firm’s] reply, as well as all the supporting documents in the matter, we could not find any evidence of misconduct by the respondent.”
It found “there is absolutely no merit to the union’s complaint. Accordingly, the complainant’s complaint falls to be dismissed.”
Ndou told TimesLIVE his law firm “worked tirelessly from 2020 to 2024 to turn around Samwu, saving it from collapse and liquidation
“We are deeply saddened that the current leadership is determined to dismantle the legacy of the late general secretary, Koena Ramotlou. His dedication and sacrifices should be honoured, not undone.
“Unfortunately the complaint against us was nothing more than an attempt to smear our good name. It was baseless, built on falsehoods and a reflection of what Samwu has sadly become.”
TimesLIVE
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