A woman whose divorce was finalised in 2022 has lodged a complaint against her lawyer, accusing her of failing to pay out her divorce settlement.
Sibongile* told the Legal Practice Council (LPC) that she believed her attorney, Fhatuwani Moila, has misused the funds.
Sibongile said she has not received a cent from her more than R130,000 divorce settlement. "This matter has been dragging on for a long time. My heart has been sore since 2022 and I still do not have the money. I have not had any communication with her," Sibongile told Sowetan.
"I am hoping to get what is mine. She handled the divorce with professionalism, and everything went smoothly, but only when it comes to paying me what is due to me, then she changes," she said.
In her complaint to the LPC, Sibongile said she did not doubt her lawyer "illegally utilised my money for her own benefit; that is the reason she cannot show any proof of my money's whereabouts".
I am hoping to get what is mine. She handled the divorce with professionalism, and everything went smoothly, but only when it comes to paying me what is due to me, then she changes,
— Sibongile*, complainant
The LPC confirmed to Sowetan that it was investigating the matter.
LPC spokesperson Kabelo Letebele said the matter has been set down for a meeting to be held on September 9.
In her written response to the complaint sent to the LPC, which Sowetan has seen, Moila said she was first approached in 2021 by Sibongile’s pastor to assist with the divorce.
She explained that she initially declined to take the case because Sibongile had no money to cover her legal fees, but later agreed, given the circumstances.
“I denied the request as she did not have any money and I knew she wouldn't be able to cover for fees, but I agreed after looking at her situation. We entered into a contingency fee agreement which we both signed as per the agreed terms,” Moila wrote.
According to Moila, the divorce was finalised on January 6 2022. The lawyer confirmed that R168,000 was paid into her business account while she awaited the pension fund payout, which she said was delayed.
Moila further alleged she received phone calls from Sibongile’s ex-husband’s attorney and pastor, claiming that Sibongile had refused to take back her two minor children after holiday visits to their father.
“I was informed that her reasons are that she does not have money after misusing her children's maintenance money on her family, paid to her on 31 December 2021.
“The issue of Sibongile refusing to take the children back after their visit to the father continued on four other occasions when I would get calls on Sunday evenings throughout 2022. This has affected the children negatively and I was informed that they would often cry for their mother,” she wrote.
Moila also accused Sibongile of misusing her children’s maintenance and pension funds.
“When the pension fund money was paid to her, I advised her to invest it for the children as she was not working and have no other source of income. Instead, she splashed the money on her mother (given R30,0000) and siblings (buying expensive clothes and phones).
“When I raised the issue, she started sending threatening messages and phone calls to my cellphone and office number,” she said.
Sibongile has, however, rejected these claims. “[She] failed to pay me, indicating that she has invested it for six months. Six months has elapsed but nothing [has been] paid to me to date.
“I have never intimidated her, but I have asked about my outstanding money, something that she was not happy about for her own reasons. She was the one intimidating me after asking for my money. I also have WhatsApp messages and recordings where she was intimidating me,” Sibongile said.
Moila did not respond to calls and text messages from Sowetan sent to her on Monday.
* Her name was withheld to protect the identity of her children
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