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Client is also not blameless

DELAYED: Pheneus Ngoveni
DELAYED: Pheneus Ngoveni

PHENEUS Ngoveni is getting sorted - but he is also to blame for the delay he has had to suffer.

He needs to provide his trustee with a budget, invoices for school fees and banking details.

The trustee has paid R6000 to the Durban University of Technology, where Ngoveni's son is studying electrical engineering.

The fees were paid last Thursday after Consumer Line published an article about Ngoveni's plight.

Ngoveni approached Sowetantwo weeks ago and complained that he was struggling to take care of himself and his family of 13 though he has R919870 in his attorney's trust account.

Ngoveni, who currently rents a back room in Tembisa, Gauteng, said his ordeal started when he was injured in a road accident in November 2007.

Ngoveni said a few months after he was discharged from hospital he approached Edeling van Niekerk of Clearwater to assist him in lodging a claim with the Road Accident Fund (RAF) in February 2008.

"A year later they referred me to 21 doctors to issue reports about their observations," Ngoveni said.

He said the RAF eventually paid R919870 into a trust account.

The compensation was for damages he suffered and loss of future earnings, Ngoveni said.

"But I don't even get a monthly allowance from them," the father of 10 children said.

He said that in December 2010, the attorneys gave him R10000.

"The next allowance was a paltry R1 500 in December last year," he said.

He later related his misery to his employer who had tried without luck to help him get a reasonable monthly allowance from this law firm.

Ngoveni wanted his money to be invested in a financial institution of his choice, but his trustee did not agree.

His trustee, Ronnie Meyeridricks of Uberrima Trust has now commented on Ngoveni's allegations.

He confirmed most of the allegations, but said Ngoveni was also to blame for the delay.

Meyeridricks confirmed that the court had ordered that Ngoveni's compensation be administered in trust for his sole and exclusive benefit.

Meyeridricks said Uberrima Trust was appointed as trustees by the Master of the High Court in September 2011.

He said they continuously held meetings in which they explained to Ngoveni why the Trust had to be established.

Meyeridricks said Ngoveni was also given an opportunity to have somebody else appointed as trustee.

"Though it is his attorney's prerogative as to whom is appointed trustee of the trust in terms of the court order, Ngoveni was offered an opportunity to come forward with his proposal for consideration by his attorney," Meyeridricks said.

He said Ngoveni's employer, Gini Gaddin, told them he was satisfied that the Uberrima Trust be appointed trustee.

He said Ngoveni requested that they pay his debts of R46 275. This was done in November 2011.

He said they had agreed to pay Ngoveni a monthly maintenance allowance and to pay his children's school fees, but he has not supplied them with a monthly budget and invoices.

Meyeridricks said Ngoveni could have his teeth, which he lost in the accident, attended to and that the trust would pay the dentist.

"He wanted a dentist in Pretoria to attend to his teeth and we asked him to furnish us with the details of the dentist to arrange payment.

We also recommended an orthodontist in Benoni," he said.

Meyeridricks said the orthodontist would see Ngoveni towards the end of April.

"On March 14, we received instructions to make an appointment with our recommended orthodontist. This has been scheduled for April 26, the first available appointment we could get," Meyeridricks said.

He said they also recommended that Ngoveni had his eyes tested, but were still waiting for Ngoveni to get back to them.

"Despite settling all Ngoveni's debts which, as explained, is an indirect contribution to his maintenance to the value of the monthly installments, we also paid an additional R500 in November and a further R1 000 in December, and are still waiting for his monthly budget," he said.

"In conclusion, it seems that the allegations by Ngoveni, despite explaining why the trust had to be formed, stems from a measure of discomfort being experienced by him by the financial discipline which we maintain," he said.

Ngoveni's son has confirmed that the trust had paid R6000 towards his university fees.

"The fees were paid last Friday," he said.

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