The Jerusalema faction of the International Pentecost Holiness Church has lodged a complaint against legal heavyweight Adv Zola Majavu for failing to properly account about the church’s funds, which were held in his trust account.
In a written complaint with the Legal Practice Council (LPC), secretary-general of the faction Olebogeng Morabe said Majavu should be investigated on how he handled the funds years ago.
According to Priest Vusi Ndala, Majavu helped the between November 2018 and June 2019, as it had no bank account to take contributions and make payments for its operations.
He said the arrangement was for church members to deposit money in the trust account, including tithes, and the church would then have to write a letter for payments to be made.
Ndala said later Majavu insisted that there be a service level agreement as there were many people making deposits, and the agreement was signed.
The service level agreement stipulates that the trust account would accept cash and EFT deposits from congregants, record such deposits in accordance with prescripts of the LPC, provide accounting records of transactions on a weekly basis and keep records of a list of all creditors paid, with proof of payment.
A prepared statement of the funds coming in and out would then be given to the church's leadership.
When the church was ultimately able to open its own account, Majavu provided a prepared statement of what had happened to the funds.
The church had R450,000 when it got into the agreement with Majavu, said Ndala.
But the Jerusalema faction is not happy that it did not get a full bank statement of the trust account but were only given a general ledger.
“What compounds the church’s worry is that its funds were not invested with interest accruing for its benefit,” Morabe said in the complaint.
“The church requires the determination of the audited trust position of Majavu during the period of the service level agreement.”
The church further wants the LPC to investigate whether Majavu did not breach its rules on accounting records and administration of trust funds.
Majavu said: “It is for that reason that I would rather my name is rubbished in the media as opposed to trying to defend myself in the court of public opinion. I am a professional and thus governed by the rules of my professional body. As such, I will not violate attorney-client privilege.
“I will co-operate fully with my professional body. You may also check, independently, the very basic rules governing trust accounts by checking with the very same LPC,” he said.
He further told Sowetan that the interest that accrued from the trust account did not go to his law firm but to the Law Society as per requirement.
He said there had been no issue between him and the church when they parted ways in 2019.
“I said to them back then that they should go to the Law Society and ask how these things work. This thing is coming back now because they do not want me representing someone.
“They have taken me to court and lost… I belong to a professional body, I said if they are not happy or think I have done something wrong, they should refer me to the professional body.
"I don’t have a relationship with them. They are no longer my clients…I do not give this thing any credibility because there is nothing. They are not saying I stole their money.
“Back then, they wanted to know how interest works and I explained and our relationship continued up until 2019 when we parted ways. [This issue] is arising for the first time now,” Majavu said.
The LPC confirmed receiving the complaint.
“The role of the LPC as the regulator of the legal profession is to consider the complaint together with the evidence submitted… our independent investigations committee will look at these submissions and determine if there is indeed a potential contravention of rules…
“Before the matter has been fully investigated, the LPC cannot as yet comment on the specifics of the complaint,” said spokesperson Kabelo Letebele.
dlaminip@sowetan.co.za
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