Attorney leaves long trail of financial scams
The South African attorney arrested and charged with embezzlement of more than R1.4m in Mauritius is facing a disciplinary process before the Legal Practice Council (LPC).
The man faced similar charges in SA, notes a News24 report.
‘The Legal Practice Council did receive a complaint against the legal practitioner, and the matter is currently at an advanced stage of our disciplinary processes,’ said LPC communications manager Sthembiso Mnisi.
News24 says the 47-year-old attorney has had at least two criminal cases opened against him.
The first case resulted from civil litigation. The investigation had since been finalised and referred to the NPA for a decision to prosecute. The matter first appeared in the Gauteng High Court (Johannesburg) in 2020, which found that the attorney had misappropriated funds held in a trust.
According to the judgment, the attorney was instructed to register the transfer of a property that a trust sold for more than R8.5m. The attorney alleged that one of the trust's beneficiaries had agreed that the money from the property sale should be invested into the attorney's law firm.
The court, however, found that the attorney, who said the trust was a sham, could not produce any evidence and that his defence was far-fetched, which was ‘putting it mildly’. The court ordered him to repay the R8 513 500, plus 10% interest per annum, backdated to September 2018.
He was denied leave to appeal against the judgment and then later approached the Constitutional Court, which dismissed the application as it did not fall within the court's jurisdiction and bore no reasonable prospect of success.
Other cases involving the attorney are noted in the News24 report.
The man – who was arrested in Mauritius, where he is believed to be living – appeared in the District Court of Port Louis on 15 July.
According to court documents, the attorney was charged with embezzlement to the tune of more than R1.4m after he ‘unlawfully and fraudulently’ took the money transferred to him by another South African living in Mauritius for legal work, which wasn't done.
The attorney was released on bail under strict conditions that he report to the nearest police station every day.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
