Legal Practice Council wants 'unfit' lawyer disbarred

A lawyer allegedly took money from a deceased person's bank account and bought herself eight houses and later sold a couple's home without their knowledge. 

These are some of the allegations levelled against lawyer Nonhle Nothando Nkomonde, 34, from Alberton, Ekurhuleni, which prompted the Legal Practice Council (LPC) to approach the high court in Pretoria to have her disbarred from the roll.

The council, in its application filed in January before the court, accuses Nkomonde of being dishonest and unfit to practice as a lawyer. 

At least 27 clients who Nkomonde assisted in either managaing their property transactions and winding down of the estate of their loved ones, have lodged complaints with the LPC. The high court has set down the hearing of the case to have her removed from the roll for May 20.

In one of the complaints, Nkomonde is accused of misusing more than R2m belonging to the estate of the late Dr David Frank Lubenga, in which she is alleged to have used the money in the deceased's bank account to buy herself eight properties in Soweto and Orange Farm in 2023.

Danieta Mailula, a lawyer representing Lubenga's family, said Nkomonde refused to account for progress in the estate and funds in Lubenga's bank account when she was informed that the family no longer wanted her services. 

These details are contained in the affidavit filed in court by LPC director in Gauteng Ignatius Briel.

According Briel's affidavit, Nkomonde confessed to have squandered Lubenga's estate. 

"During the meeting , the first respondent [Nkomonde] confessed to utilising approximately R2-million of the deceased estate funds to purchase immovable properties. The first respondent [Nkomonde] reluctantly furnished Ms Mailula with bank statements which showed a balance of a mere R9,000," wrote Briel.

The LPC said Nkomonde, who was only admitted as an attorney in October 2022, was not qualified as a conveyancer to facilitate property transfers and deceased estate and masqueraded as a conveyancer to the detriment of her clients. 

The council also alleged that her company failed to submit its unqualified audit reports in 2024 and does not have a Fidelity Fund Certificate. The certificate verifies that a legal practitioner or property practitioner is registered and can handle funds and property on behalf of clients and the fund can reimburse clients whose money has been misappropriated.  

"The first respondent has made herself guilty of unprofessional or dishonourable or unworthy conduct and is no longer a fit and proper person to continue to practice as a legal practitioner. Her conduct reveals character defects which cannot be tolerated," read Briel's court papers.  

He said Nkomonde's conduct contravened LPC rules and that she failed to maintain highest standard of honesty and integrity and to account faithfully and accurately for her client's money which was in her possession. 

Sowetan reached out to Nkomonde for comment on the allegations against her and she said she'd respond via text but she had not done so by the time of going to print. 

In another complaint, Bethusile Mavuka, 61, accuses Nkomonde of fraudulently transferring her house in Orlando East, Soweto, in 2023 into her company's name without Mavuka's knowledge. Sowetan has seen the Deeds Office document which shows that the property was sold for R300,000 to Nonhle Nkomonde Attorneys Inc.

A third complainant, Dimakatso Dialemetsi from Alexandra, has moved to her parents' house after Nkomonde allegedly sold her house in Braamficherville in Soweto for R350,000 in 2022 but failed to hand over the money to her. 

Dialemetsi said she sold the house because she wanted to move to Alexandra and be close to her work place in Sandton. 

"At the time I was also being retrenched because of Covid-19. I met with Nkomonde's agent and the buyer and we signed everything and agreed that the house would be sold for R350,000. After a couple of weeks I received a call from the agent to check my bank account for the money and there was lots of money in it. I was broke and living off my UIF, so I started spending the money on my children but months later I found out that the money I had been using was actually from my provident fund and not proceeds from my house sale," said Dialemetsi.

She said she was  sent from pillar to post when seeking her money.

"I also found out that Nkomonde had sold the house for R310,000, which is not the price we agreed on. I was supposed to use that money to buy another house. I was caught in a dilemma and I had to move to my parents' house with my children. Now I don't have a house and I'm stressed because of what Nkomonde did to me.I want my money," said Dialemetsi. 

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