Thieving attorney struck from roll

Fraudster Komani lawyer Milile Mpambaniso was finally struck from the roll of attorneys on Friday.

The Grahamstown High Court ruled that Mpambaniso was not a fit and proper person to practice as an attorney.

The lawyer from Komani (formerly Queenstown), who had practiced for more than two decades, was in 2014 convicted of 28 counts of fraud, and has also admitted to drastically overcharging vulnerable, injured and indigent clients.

His litany of fraudulent activities started in 2003 and, along with the claims of over-reaching, have been extensively documented by the Daily Dispatch over many years.

In one case, Mpambaniso had taken 84% of a disabled client’s Road Accident Fund (RAF) damages award as his fee.

He charged Ngubuzayo Dumse, 64, from Cacadu (formerly Lady Frere) more than R690000 for representing him in a RAF damages claim in which Dumse was awarded R787000.

Mpambaniso, who fought being struck of the roll, pleading instead for a six-month suspension, acknowledged in his affidavit that he was guilty of over-reaching and said his fraud convictions had probably sealed his fate.

His fraud convictions related to social grant claims against the government.

He was fined some R100000 or one year’s imprisonment, with a further three years suspended for five years.

Acting Judge Margaux Beard, with Judge Jeremy Pickering agreeing, dismissed the contention that Mpambaniso recognised the seriousness of his transgressions and that he was sincerely remorseful.

Beard said that Mpambaniso had no choice but to admit his wrongdoing as he had been caught and there was overwhelming evidence to establish that his conduct had been dishonest.

Rather than showing sincere remorse, he seemed to feel sorry for himself.

“He has listed the adverse consequences that have resulted from his conduct but has never demonstrated a true appreciation of the consequences his conduct had for the clients he overreached.

“Many of these clients constituted a vulnerable group of society – they were indigent, with little education or means of improving their lot in life.

“They were also all injured in motor vehicle accidents and, judging by the amounts they were awarded, those injuries must have resulted in long-term .

“Notwithstanding this, sought to retain the bulk of ... the amount they were awarded from the Fund.”

She described Mpambaniso as disingenuous and said his actions had been dishonest.

The way he had charged his clients was grossly extortionate.

“In light of convictions for fraud and the fact that he over-reached certain of his clients, it is clear that has brought the profession of an attorney into disrepute. Indeed, he accepts as much.”

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