Consumer Line's intervention yields R1 million handover of cash owed to road accident victim, that had been buried in red tape and lawyers
JABULILE Mathebula of Witbank gave a sigh of relief when a high court judge ordered the Road Accident Fund to pay her R1,464,285 after a four-year battle with the fund.
But little did she know that she would have to battle with her attorney before she could use the money.
Her worries are now over. Her attorney has hand delivered her file and R1 million to the curator's office a day after Consumer Line's intervention.
But it is not clear why the million rand yielded only R25,529 interest when a normal 32-day account should have accrued R32,202. if the money was invested for nine months.
Another unanswered question is why her attorney did not disclose that they had received the compensation last year.
Nine months after the RAF had settled the claim Mathebula had not received a cent.
Her ordeal started in March 2006 when a taxi collided with a bakkie that was transporting her from school.
She was 14 years old at the time.
She suffered fractures to his arms and legs and terrible scars on her face.
Skhumbani Mathebula, her father, said while his daughter was in hospital he approached Marais Basson Attorneys to lodge a claim with the RAF, which eventually paid R1,463,285 on June 14 2010.
The attorneys were entitled to 25 percent contingency fees and the RAF paid the legal fees.
Mathebula said the attorneys had promised to call him as soon as they received the money. So when he did not hear from them for such a long time, he called the RAF.
"I was shocked when the RAF said they had already paid," Mathebula said.
He confronted his attorney, who told him the money had been transferred to his curator, Derik de Beer of Gildenhuys Lessing Malatji Attorneys, a long time ago.
When contacted for comment, Basson said he had invested the money in a Nedbank account. He did not say when the investment was made, how much was invested or why he did not contact Mathe-bula.
He said Mathebula had signed a power of attorney allowing him to invest the money.
He also said that the RAF had paid R238,598 for legal fees.
Basson said that apart from the capital payment, the RAF gave Jabulile a certificate for medical expenses for the rest of her life.
But Mathebula had to pay R3,000 for his daughter's spectacles as well as for extra classes recommended for her.
Last Thursday, before the actual hand over, Basson said he had paid Jabulile's compensation into a De Beers trust account and Consumer Line should address all queries to the curator.
On Friday he delivered the file and the cheque to the curator.
Mathebula was outraged and said he had never given Basson power of attorney to do as he pleased.
De Beer confirmed that he was appointed curator on May 26 2010.
"I signed a consent form to act as curator bonis for Jabulile Peace Mathebula at the request of an advocate, Maryke van Rooyen, of the Pretoria Bar. The instructing attorney was the firm Jan Marais Basson of Witbank," he said
"I have never met Skhumbani or his daughter. I suggest that they meet me to decide future action."
He had invested the money on Friday, after receiving it from Basson, he said.
Teen's wait is over
Consumer Line's intervention yields R1 million handover of cash owed to road accident victim, that had been buried in red tape and lawyers
JABULILE Mathebula of Witbank gave a sigh of relief when a high court judge ordered the Road Accident Fund to pay her R1,464,285 after a four-year battle with the fund.
But little did she know that she would have to battle with her attorney before she could use the money.
Her worries are now over. Her attorney has hand delivered her file and R1 million to the curator's office a day after Consumer Line's intervention.
But it is not clear why the million rand yielded only R25,529 interest when a normal 32-day account should have accrued R32,202. if the money was invested for nine months.
Another unanswered question is why her attorney did not disclose that they had received the compensation last year.
Nine months after the RAF had settled the claim Mathebula had not received a cent.
Her ordeal started in March 2006 when a taxi collided with a bakkie that was transporting her from school.
She was 14 years old at the time.
She suffered fractures to his arms and legs and terrible scars on her face.
Skhumbani Mathebula, her father, said while his daughter was in hospital he approached Marais Basson Attorneys to lodge a claim with the RAF, which eventually paid R1,463,285 on June 14 2010.
The attorneys were entitled to 25 percent contingency fees and the RAF paid the legal fees.
Mathebula said the attorneys had promised to call him as soon as they received the money. So when he did not hear from them for such a long time, he called the RAF.
"I was shocked when the RAF said they had already paid," Mathebula said.
He confronted his attorney, who told him the money had been transferred to his curator, Derik de Beer of Gildenhuys Lessing Malatji Attorneys, a long time ago.
When contacted for comment, Basson said he had invested the money in a Nedbank account. He did not say when the investment was made, how much was invested or why he did not contact Mathe-bula.
He said Mathebula had signed a power of attorney allowing him to invest the money.
He also said that the RAF had paid R238,598 for legal fees.
Basson said that apart from the capital payment, the RAF gave Jabulile a certificate for medical expenses for the rest of her life.
But Mathebula had to pay R3,000 for his daughter's spectacles as well as for extra classes recommended for her.
Last Thursday, before the actual hand over, Basson said he had paid Jabulile's compensation into a De Beers trust account and Consumer Line should address all queries to the curator.
On Friday he delivered the file and the cheque to the curator.
Mathebula was outraged and said he had never given Basson power of attorney to do as he pleased.
De Beer confirmed that he was appointed curator on May 26 2010.
"I signed a consent form to act as curator bonis for Jabulile Peace Mathebula at the request of an advocate, Maryke van Rooyen, of the Pretoria Bar. The instructing attorney was the firm Jan Marais Basson of Witbank," he said
"I have never met Skhumbani or his daughter. I suggest that they meet me to decide future action."
He had invested the money on Friday, after receiving it from Basson, he said.
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