A lawyer recently arrested for allegedly claiming R10.5m from the Road Accident Fund (RAF) and failing to distribute it to claimants was barred from practicing law as far back as 2018 due to numerous complaints against him.
The Legal Practice Council (LPC) confirmed to Sowetan that while Michael Senotse Mabunda was arrested only last week, he was struck off the roll on May 18 2018 after first being suspended following the complaints laid against him.
“The complaints related to failure to pay trusts; failure to attend to matters diligently; touting; overcharging; failure to account; failure to respond to correspondence; failure to report; and failure to carry out mandates.
“A financial investigation and inspection was conducted into the firm’s accounting record by the then Law Society of the Northern Provinces. The first complaint lodged against Mabunda and the firm was in 2012, and the last complaint was in 2021.
“Currently, there are no active or pending complaints against his name.
“The council, after taking into consideration the findings contained in the inspection report, resolved that Mabunda be suspended from practice and subsequently be struck off as he was no longer a fit and proper person to remain as a legal practitioner or in the legal profession.
“Legal practitioners are officers of the court, hence the LPC has to apply to court for suspensions and striking offs,” said the LPC's Kabelo Letebele.
The Hawks in Gauteng last week arrested Mabunda and charged him with corruption, fraud theft.
Spokesperson Capt Lloyd Ramovha said Mabunda, who was an attorney, lodged claims with the RAF on behalf of his clients and then R10,562,173.21 was paid into his trust account. However, Mabunda allegedly never transferred these funds to his clients, resulting in significant financial losses.
He said the case was registered at Pretoria-North police station in August 2019.
Mabunda was arrested last week Tuesday and made his first appearance in the Pretoria Specialised Commercial Crimes Court the same day.
His matter was postponed to November 26 for further proceedings.
Fraudulent activities will not be tolerated, and offenders will face the full might of the law
— Gauteng head of Hawks Maj-Gen Ebrahim Kadwa
Gauteng head of Hawks Maj-Gen Ebrahim Kadwa said Mabunda's arrest serves as a critical reminder to all legal professionals about the importance of maintaining trust and integrity in handling client funds.
“Fraudulent activities will not be tolerated, and offenders will face the full might of the law,” said Kadwa.
According to Letebele, Mabunda was admitted as an attorney on January 7 2010 by the Gauteng Division, Pretoria.
He then practised under the name Mabunda (Mike) Inc. Attorneys from February 1 2010 until September 26 2017 and later as part of Mabunda, Mamabolo Attorneys.
“Mabunda was suspended from the Roll of Legal Practitioners on September 26 2017 and subsequently struck — off the Roll of Legal Practitioners on May 18 2018.
“Currently Mabunda is on the non-practising roll as he was struck off the Roll of Legal Practitioners.
“All the complainants who suffered financial loss due to his conduct were advised by the Gauteng provincial office to proceed to lodge claims against the Legal Practitioners Fidelity Fund, to report the matter to the SAPS Commercial Division and to take any legal action against him to recover their monies.”
Letebele also said anyone who continues to practise after being struck off is committing a criminal offense and where evidence of such practices is found, the matter is taken up with the relevant authorities.
“Members of the public are reminded to always check the status of a legal practitioner before using their services,” he said.
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