Legal eagle at centre of payout row

Accident victim Zanele Mpofu of East London, is accusing her local lawyer of swindling her out of a R28 000 Road Accident Fund payout.

Bongani Nduli became Mpofu’s legal representative after a car accident in 1997, when she was only seven years old. Her injuries rendered her eligible for a payout from RAF, and she says the fund paid up in 2001.

According to documents seen by the Dispatch, the RAF paid out R28 480, of which R1 800 was for attorney fee and R4 180 for medical expenses.

She claims she never received a cent.

East London police spokeswoman Warrant Officer Hazel Mqala confirmed that Mpofu had opened a case of theft against her lawyer. She said no arrests had been made. The investigation was still under way.

Mpofu, now 27, is unemployed and depends on her mother’s old age grant.

After the accident she experienced nose bleeds, hearing problems and severe headaches. These after-effects forced her to drop out of school, she said.

“The doctors said I wouldn’t reach Standard 5 because of my head injuries, but thankfully I am still alive today.

She said when she went to Nduli’s offices he claimed not to know her.

Mpofu said: “All I want from him is my money! My father was handling the case because I was underage but he got sick and died in 2009. Even on his deathbed he was stressing about this issue.”

However, Nduli said: “We point out that the instruction in this matter was not received from Zanele Mpofu but from her father, to whom we accounted in full and thereafter our file was closed and filed away as finalised.

“As this matter dates back to more than 17 years ago we are in the process of tracing the file as our files are stored in three different places. The information required herein is not readily available.”

Mpofu’s uncle, King Dyani, said he felt equally frustrated by the lawyers.

“This situation angers me because this lawyer has been sending her from pillar to post for more than 15 years.”

He said they had visited Nduli’s offices numerous times and written letters to him but they hadn’t received any response.

RAF spokeswoman Bongiwe Nyengane-Tyopo said: “Unfortunately, the Road Accident Fund is not permitted to interfere in the attorney-client relationship and therefore cannot advise the claimants with regards to their claims.”

She said in the event of attorneys not complying with the rules of conduct, the claimants could refer the matter to their respective provincial law societies for assistance. — zikhonam@dispatch.co.za

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