Health pays R7.6m to claim lawyer

A controversial lawyer who is under the Hawks’ gaze scored more millions in a payout from the health department this week.

A sum of R7.6-million was paid into Johannesburg-based lawyer Zuko Nonxuba’s account as a result of his successful plea for the Eastern Cape health department’s fleet to be attached after its failure to honour an earlier court order.

On Monday, 16 vehicles were attached by the sheriff of the court.

They will be released tomorrow once the money reflects in his account.

The department had to move swiftly to source the money from cash flow meant to compensate employees and to acquire goods and services as the sheriff threatened to auction the vehicles.

The payout was for a claim Nonxuba had made on behalf of a client whose child delivery left her paralysed.

Nonxuba has amassed formidable wealth and reputation as a personal injury lawyer. However, a recent Sunday Times exposé claims he has shortchanged a number of clients.

Not only is he being investigated by the Hawks, but also the law societies of the Cape, Free State and Northern Provinces are probing his conduct.

The investigations relate to 31 complaints from former clients – some dating back to 2011 – who accuse him of defrauding them of their settlements, to the tune of R27-million.

The claims were made against the Road Accident Fund (RAF).

Most of the claimants are paralysed, so they cannot work and are in constant need of costly treatment.

This week’s payout follows an order handed down on November 9 last year by Mthatha High Court Judge Selby Mbenenge instructing the department to pay R8.5-million to Nonxuba’s 29-year-old client Vuyokazi Fikileni.

An interim amount of R1-million was paid last year on completion of the case.

Nonxuba sued on behalf of Fikileni, who was left a paraplegic after a neurological operation while giving birth at the Nelson Mandela Academic Hospital in Mthatha three years ago.

The department had until the end of last year to settle the lawsuit, but when it did not, the sheriff of the court moved in on its assets.

The court order detailed that a portion of the R7.6-million will go to Nonxuba for:

lCost of reports, supplementary reports, qualifying expenses, reasonable day reservation fees and costs relating to expenses of all the plaintiff’s experts;

lCosts of all pre-trial conferences, including the costs relating to the attendance of counsel;

lCost of two counsel;

lCosts of travelling and subsistence relating to the plaintiff’s legal representatives for purpose of consultation and trial; and

lInterest on costs at the legal rate.

Health spokesman Siyanda Manana yesterday confirmed the money had been paid and that they were now waiting for the return of their vehicles from the sheriff.

“This is a court order. We cannot defy a court order because we will be held in contempt of the court.

“Already the sheriff of the court has attached our vehicles because it was an order made by the court,” he said.

Asked how much Fikileni would be paid out, Nonxuba yesterday said it was “difficult to say at this stage”.

He added: “We have a standard contingency fee agreement of 25% and that is followed by a process of recovering the actual costs liable since day one.

“This matter has been going on for four years now.

“So we must start at day one until the last day.”

The Daily Dispatch asked Nonxuba for Fikileni’s contact details, but he said all questions related to the case should be directed to him as he was still her lawyer.

Hawks spokesman Brigadier Hangwani Mulaudzi said they were only probing cases involving Nonxuba and the Road Accident Fund claims.

For this reason he was unable to comment on the case relating to the health department. — zwangam@dispatch.co.za

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