A Mdantsane man who was paid R1.6-million by the Road Accident Fund in personal injury claims from two horrific accidents, is still living in extreme poverty in a shack.
Top law firm Niehaus MC Mahon Attorneys has been holding onto his payout for six years after successfully suing the RAF on behalf of Sivenathi Mgijima, now 25.
A sum of R1.6-million was paid to the firm in 2012, Mgijima’s mother, Cikizwa Mgijima said.
Bernardus Niehaus, who successfully claimed from the RAF, told the Daily Dispatch his refusal to transfer the money was because Mgijima was planning to buy a house with the money.
He said he had instead appointed a curator ad litem (court-appointed legal representative for a person who lacks the mental capacity) and curator bonis (court-appointed representative to manage the finances of a person who lacks the capacity) to manage Sivenathi’s financial affairs, something the family is vehemently against.
In the first accident in 1993, a one-week-old Sivenathi was flung out of a taxi at Mdantsane’s NU14.
He suffered brain damage, causing mental disability, loss of speech and partial paralysis of limbs.
Mgijima, who is diabetic, said Sivenathi had spent two months in hospital with the severe head injuries. Both mother and son receive social welfare grants for chronic illness and disability respectively, both of them under R1500 a month.
Mgijima said the second accident took place in 2003, when Sivenathi was hit by a speeding car during a hit-and-run while he was walking from school in NU3. After that accident, he was hospitalised for two weeks with further head injuries.
The RAF confirmed to the Dispatch they made the payout in 2012 but could not divulge the figure.
Mgijima said she learnt about the payout at an RAF roadshow at Fanti Gaqa Primary School in 2014.
“I went to the roadshow and was told by workers from RAF that the money had been paid to Niehaus McMahon two years prior. The lawyers kept that information from me for two years,” she said. Niehaus denied this, saying he had informed the family about the payout.
Mgijima said she was told the money was invested to generate interest. She said she had lodged complaints with the RAF in Caxton Street, the Legal Aid Board, private attorneys, police and the Cape Law Society, but the firm had yet to hand over the money.
RAF spokeswoman Noniswa Matshoba said the RAF had no legal grounds to intervene in the matter.
Cikizwa told the Dispatch the shack was a health and safety hazard and she wanted a decent house that would cater to the special needs of Sivenathi.
Niehaus said: “Ms Mgijima and family members have throughout had an expectation that the funds would be paid out to a family member. They have on a number of occasions stated their expectations to buy a house and furniture.”
To ensure the money was used for Sivenathi’s needs, Niehaus said an accountant was hired to administer the funds and transfer R5000 every month to Mgijima, he added.
But the mother said she wanted every cent of the money to be transferred to her and therefore refused to sign for the monthly amount. — malibongwed@dispatch.co.za
Family in battle with lawyers over RAF payout
Top law firm Niehaus MC Mahon Attorneys has been holding onto his payout for six years after successfully suing the RAF on behalf of Sivenathi Mgijima, now 25.
A sum of R1.6-million was paid to the firm in 2012, Mgijima’s mother, Cikizwa Mgijima said.
Bernardus Niehaus, who successfully claimed from the RAF, told the Daily Dispatch his refusal to transfer the money was because Mgijima was planning to buy a house with the money.
He said he had instead appointed a curator ad litem (court-appointed legal representative for a person who lacks the mental capacity) and curator bonis (court-appointed representative to manage the finances of a person who lacks the capacity) to manage Sivenathi’s financial affairs, something the family is vehemently against.
In the first accident in 1993, a one-week-old Sivenathi was flung out of a taxi at Mdantsane’s NU14.
He suffered brain damage, causing mental disability, loss of speech and partial paralysis of limbs.
Mgijima, who is diabetic, said Sivenathi had spent two months in hospital with the severe head injuries. Both mother and son receive social welfare grants for chronic illness and disability respectively, both of them under R1500 a month.
Mgijima said the second accident took place in 2003, when Sivenathi was hit by a speeding car during a hit-and-run while he was walking from school in NU3. After that accident, he was hospitalised for two weeks with further head injuries.
The RAF confirmed to the Dispatch they made the payout in 2012 but could not divulge the figure.
Mgijima said she learnt about the payout at an RAF roadshow at Fanti Gaqa Primary School in 2014.
“I went to the roadshow and was told by workers from RAF that the money had been paid to Niehaus McMahon two years prior. The lawyers kept that information from me for two years,” she said. Niehaus denied this, saying he had informed the family about the payout.
Mgijima said she was told the money was invested to generate interest. She said she had lodged complaints with the RAF in Caxton Street, the Legal Aid Board, private attorneys, police and the Cape Law Society, but the firm had yet to hand over the money.
RAF spokeswoman Noniswa Matshoba said the RAF had no legal grounds to intervene in the matter.
Cikizwa told the Dispatch the shack was a health and safety hazard and she wanted a decent house that would cater to the special needs of Sivenathi.
Niehaus said: “Ms Mgijima and family members have throughout had an expectation that the funds would be paid out to a family member. They have on a number of occasions stated their expectations to buy a house and furniture.”
To ensure the money was used for Sivenathi’s needs, Niehaus said an accountant was hired to administer the funds and transfer R5000 every month to Mgijima, he added.
But the mother said she wanted every cent of the money to be transferred to her and therefore refused to sign for the monthly amount. — malibongwed@dispatch.co.za
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