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Lawyer cuts deal to pay back RAF millions

By Alfred Moselakgomo and Khutso Tsikene | Jun 21, 2012 | COMMENTS [ 13 ]

A PRETORIA lawyer accused of defrauding the Roads Accident Fund of R6-million has pleaded guilty to the crime and agreed to pay the money back.

Hendrick Molefe, of Moreleta Park, who practises as an attorney under the name BH Molefe Attorneys, was fined R50,000 or three years' imprisonment for fraud.

He was also sentenced to six years' imprisonment, suspended for five years on condition that he is not found guilty of similar offences for the duration of his suspended sentence.

Molefe was arrested in January after a RAF investigation found that he had exaggerated the number of accident victims.

He was arrested with five other attorneys - DS Selahle, AS Mathumo, MP Phooko, SB Mabena and M Ramafolo - and tout Sello Moche and medical doctor Lebogang Mosweu.

But charges against the five attorneys, who had commissioned claimants, were withdrawn due to a lack of evidence.

The trial against Mosweu and Moche was separated from that of Molefe and will be heard next month.

Just a few months after the RAF paid Molefe R6-million for 98 claims from a bus accident, it was discovered that the accident had in fact involved only 30 people.

The claims were submitted last year after a Botlhaba Tshwane Transport bus overturned and 30 people approached Molefe's law firm to help them claim monies for injuries sustained.

The claimants apparently had consulted Mosweu and the claims were submitted by Molefe, but affidavits of the respective claimants were commissioned by five other lawyers.

It is alleged third party claims lodged were referred to Mosweu, who provided medical certificates for claimants he had not physically examined.

Speaking through his lawyer Simon Tlhatlha, Mosweu said the fact that Molefe had taken full responsibility for the crimes proved that he was innocent.

"My client was really shocked when police came to him and said he was part of the scam ... just like other attorneys whose cases were withdrawn, my client is a victim of this scam," said Tlhatlha.

Mosweu denied any wrongdoing yesterday, and insisted that he was not aware that fraud was taking place when Molefe asked him to examine his clients.

The Health Professions Council of SA said allegations levelled against Mosweu "were alarming and in breach of the council's ethical rules".

The council's chief executive, Buyiswa Mjamba-Matshoba, said they would investigate the claims to determine whether there was any unprofessional conduct on the part of Mosweu.

"We will be contacting RAF in this regard and we will take it from there," said Mjamba-Matshoba.

- alfredm@sowetan.co.za

COMMENTS [ 13 ]

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Useless lawyer now they want to payback RAF if they were not caught how many other claims were they going to submit? They must just rot in jail period.

Jun 21, 2012 7:47 | 0 replies

Justice has not failed. As a lawyer he knew better and pleaded guilty. Then that allows one to be able to strike a deal. Which is what happened here. Now the Law Society should hopefully do something. he might be struck off the roll. I wonder how he will then repay the monies.

Jun 21, 2012 2:25 | 0 replies

Justice is always failing....its a shame....

Jun 21, 2012 12:4 | 0 replies

i fail 2 understand y other peple r so selfish.

Jun 21, 2012 11:40 | 0 replies

They should rot in jain, this is rubbish.

Jun 21, 2012 9:55 | 0 replies

Mgodoyi, the more he gets the more pelo e dula ka mo godimo ga letlalo.

Jun 21, 2012 9:53 | 0 replies

Lawyers are best LIARS... yerrrrrrrrrrrrrr.

Jun 21, 2012 9:16 | 0 replies

Morning tpaz
Our justice system once again failed our masses. This lawyers should have bn atleast inprisoned for 5 years. I bet if it was you and me Tpaz, 20 yearz in jail sesi

Jun 21, 2012 9:2 | 0 replies

Justice has failed once again. Steal and Replace method is not a good example. Why not give him a life sentence?

Jun 21, 2012 8:49 | 0 replies

People & Dept of Justice put their trust in lawyers. They should have set an example with these men.

It means you can steal and replace?

Jun 21, 2012 8:39 | 0 replies

Only 3 years imprisonment or R50000 for R6 Million fraud?
Some people get 7 years sentence for house breaking and theft of an LCD tv worth R5000.

Aii, i'll never understand law. I don't think the sentence is "justice done" for this kind of crime., even if the guy agrees to pay the money back.

Jun 21, 2012 8:10 | 0 replies