Nkogatsi said he represented Moyo and briefed an advocate in his criminal matter and two other related civil matters, one against Standard Bank after access to his accounts was blocked.
He had had no contact with his client since May 2020.
Pretorius said while the Prevention of Organised Crime Act provided for the payment of money legally owed, Nkogatsi had to show that he neither knew, nor had reasonable grounds to suspect that the money was the proceeds of unlawful activities.
The judge said Nkogatsi stated in his affidavit that Moyo denied any wrongdoing, told him he had won the lottery and Mundiya was lying because their relationship had soured.
Ithuba refused to give him any information, citing privacy provisions. He did not have access to the criminal docket.
Pretorius said while the attorney knew Moyo had been charged with theft and fraud, he was satisfied that during the initial stages of the relationship he did not know that the R200,000 he had been paid for his services were the proceeds of crime.
“But then the position changed.
“Even on his own version, he learnt from Standard Bank’s affidavit and an attached report from the Financial Intelligence Centre filed on May 18 2020 that the money may have been proceeds of unlawful activities.”
The judge said Nkogatsi was entitled to fees owed up to that date.
He declared the balance of the money in Moyo’s accounts to be proceeds of crime and directed Standard Bank to pay the remaining R3m into the trust account of an attorney representing Mundiya.