Legal council wants lawyer struck off the roll

The Legal Practice Council (LPC) has approached the high court in a bid to have the licence of a lawyer who allegedly misappropriated millions of Road Accident Fund payouts struck off the list of practitioners.

The LPC told the Pretoria high court on Thursday that it had received 51 complaints against Joburg lawyer Arnold Mkhabela, with 21 of those being misappropriation of funds totalling R8m.

“If the court considers granting a suspension, I will move forward with the application for a suspension order. The respondent has not communicated with the auditor and when they arranged a meeting to discuss this, the respondent was just nowhere to be found," said LPC lawyer Mari Moolman.

Moolman said Mkhabela was served with court papers in August 2023. "The respondent was served as far as August 16. The respondent was granted an extension in November to file an affidavit.

"The respondent was not forthcoming with the affidavit and then the applicant filed for a court date. The notice to sit down was served. The respondent on Monday asked for the matter to be postponed.”

Mkhabela's attorney Rammilane Maesela told the court that his client had not submitted heads of argument because he was not comfortable with the manner in which his previous attorney wanted to approach the case.

“My client had some financial problems, as a result, he could not appoint another attorney.”

Maesela, who said he was only appointed on Wednesday, asked for a postponement to allow himself time to study the case.

However, Moolman proposed a suspension order in the interim, stating that Mkhabela "is a threat to people’s lives".

In response, Maesela told the court that it would be an injustice to issue a suspension order before his client presents his arguments, while taking into account the seriousness of the allegations.

The suspension order was denied and Mkhabela was ordered to submit his heads of arguments before month end.

The matter was postponed to May.

In December, Sowetan reported how some of Mkhabela's clients were suffering and their struggles to get their monies which were paid out to him by the RAF. We also exposed how Mkhabela lived a high life and splurged on expensive bottles of wines. 

Standard Bank dragged him to court for failure to settle his debt, which includes two luxury vehicles, a credit card and a business loan.

On October 16, the Johannesburg high court ruled against Mkhabela in the matter.

One of Mkhabela’s clients, Joyce Mbonani, has expressed frustration over how Mkhabela has sent her from pillar to post.

Mbonani, 58, from KwaThema in Ekurhuleni wrote to the LPC after she learnt that Mkhabela had been paid R344,900 by the RAF and had not disclosed it to her. She was involved in a taxi accident in 2011 before Mkhabela’s touts found her contact details while she was still in hospital. 

“After years of trying to get my money from Mkhabela, till today I have not received my money. Last year, I went to the RAF office and they told me that my money was paid out and that I should speak to my attorney.

“About a week or so ago, I got a call from Mkhabela telling me to come and collect my money and that he had closed for December, hence he couldn’t process my money. As confident as I was, I went there thinking it would be an in-and-out thing  ... me signing the documents and getting the money deposited into my account.

"However, we ended up exchanging unpleasant words. I am a person with anxiety and other serious illnesses that affect my brain and sometimes I break down. A person like me shouldn’t be working."

“I believe in order for us to discuss and resolve this matter fully, we should schedule a meeting between you [Sowetan], my client and myself. That’s all I can say,” Mkhabela said.

Mkhabela's offices on the 5th floor at North State Building just opposite the high court in Johannesburg were a hive of activity in December.

The reception had chairs lining the walls with clients waiting to consult.

However, when Sowetan visited the offices with Mbonani in January, the reception area was empty. There were fewer chairs.

Mbonani waited three hours for Mkhabela to arrive.

A woman at the reception was heard saying they might be moving to another office block. Mkhabela's offices were previously located on Fox Street and Mbonani said she later found out he had moved to the ones near the high court. – Additional Reporting Thulani Mbele

newsdesk@sowetan.co.za