A lawyer has been convicted for failing to transfer a divorce settlement amounting to R130,000 (approximately N11.4 million) to her client, which has led to serious reputational damage for the legal profession.
Fhatuwani Moila's client's divorce was concluded in 2022, though the settlement was finalized in 2023. Unfortunately, the client still has not received her portion of the settlement.
On January 28, the Legal Practice Council (LPC) of South Africa disclosed that Moila faced a disciplinary hearing in November, which she attended together with the complainant.
Kabelo Letebele, the spokesperson for the LPC, stated that Moila admitted to charges, including actions that tarnished the reputation of the legal field.
Letebele mentioned that the disciplinary committee has suggested that a comprehensive inspection and examination of the financial records of Moila's law office should be conducted. "Once the inspection is completed and the findings are compiled, the complainant will be duly notified," he outlined.
Additionally, the LPC verified that Moila is involved in two other unresolved cases—one concerning an estate and another related to a different divorce—that are currently in the early stages. Letebele noted that both cases involve allegations of failure to manage client funds appropriately.
In one of the divorce allegations, Moila pled guilty to multiple charges that included not responding to the LPC's communications and neglecting to adhere to the council's directives.
Letebele elaborated that her actions hindered the council's ability to pursue the investigation into the complaint effectively. The troubled client had previously expressed to Sowetan her suspicion that her attorney misappropriated the funds. She claimed that she has not received any portion of her more than R130,000 settlement and had not had any communication from Moila since 2022.
“This issue has persisted for an extended period. My heart has ached since 2022, and I still have not received my money. There has been no communication from her,” the client lamented.
In her complaint to the LPC, the client accused her attorney of "illegally using my money for her own purposes," asserting that this was the reason Moila was unable to provide clear proof regarding the funds' location.
Letebele advised the complainant to contact the Legal Practitioners’ Fidelity Fund (LPFF) to file a claim to recover her lost money. "The LPFF is an independent body, serving as a last-resort insurance provider, designed to safeguard the public's interests," he stated.
He further elaborated that the fund will determine if the lawyer held a valid Fidelity Fund Certificate at the time of the engagement and whether she was legally admitted to practice.
Letebele urged the public to always verify that their chosen lawyer is properly registered and possesses a valid Fidelity Fund Certificate before seeking their services, particularly when financial transactions are involved.
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