Lawyer pays RAF claimant after 9 years

It took controversial Johannesburg lawyer Arnold Mkhabela nine years to finally handover his client's Road Accident Fund (RAF) payout after he allegedly tried to conceal it from her. 

Mkhabela, of Mkhabela Incorporated in the Joburg CBD, deposited R258,000 into the woman's account last month following years of him taking her from pillar to post until she reported him to the Legal Practice Council (LPC) and Sowetan last year

The woman, 58, from Gauteng, confirmed the payment.

“It was a long and horrible journey.  This would not have been possible without the pressure from Sowetan and LPC,” said the woman who did not want to be identified for her safety.

In December, Sowetan published a story of several RAF claimants who were frustrated by Mkhabela and accused him of stealing and not disclosing the payouts to them after RAF had paid.

Some had even opened criminal cases against him, while others dragged him to the LPC to have his licence suspended. 

LPC spokesperson Kabelo Letebele said the complaints ranged from alleged failure to diligently attend to client cases to failure to properly handle trust account funds. The cases were being investigated by the LPC, and Mkhabela will appear in the Pretoria High Court next month where his suspension will be decided. 

The woman was involved in a taxi accident in 2011, and Mkhabela's touts reached out to her while she was still in hospital. Mkhabela took her case.

“In 2018 he told me that my general damages claim were rejected, which meant that I was not entitled to a payment. I was shocked because I was in hospital for weeks and my injuries had affected my mobility and work. I then later learnt that RAF had approved the future loss of income claim and had paid out R344,900 to Mkhabela, but he never disclosed this to me. He only told me about the general damages. He was deceitful,” said the woman.

Mkhabela has since deducted his 25% legal fees from the payout as per RAF rules.

Mkhabela in December claimed that the woman's money was available and he could not reach her for nearly a year.

The woman denied this, saying every time she went to his office she would be ignored or told Mkhabela was not available.