A Johannesburg lawyer named Arnold Mkhabela has been permanently banned from practicing law after being found guilty of stealing from his clients. Most of his clients were people claiming compensation from the Road Accident Fund (RAF).
The Pretoria High Court made the ruling last week after more than 70 clients filed complaints against him. The court found that Mkhabela was not a “fit and proper person” to be an attorney.
Mkhabela is one of 21 lawyers in South Africa who have been removed from the legal roll since January. Another 38 have been suspended. The Legal Practice Council (LPC), which oversees lawyers, received nearly 15,000 complaints last year.
In a further blow to his clients, Mkhabela removed their medical files from his office. This means people like former client Mpumelelo Motsepe must start their claims all over again with new lawyers.
“I’ll have to go back to the doctors, which is going to be very costly for me,” said Motsepe, who has been waiting 11 years to resolve his claim from a car accident.
The court has appointed a curator to take over Mkhabela’s client affairs and ordered him to hand in his practicing certificate. The LPC presented evidence that he misused approximately R8 million in client funds meant for RAF claims.
Judge Mncedisi Khumalo stated that Mkhabela showed a “cavalier attitude” to the serious allegations and failed to provide reasonable explanations. The judge noted that Mkhabela admitted to using client trust money for his personal needs when he faced financial trouble.
The LPC urges the public to always verify that their lawyer has a valid fidelity fund certificate, which offers protection if money is misused. It was confirmed that Mkhabela did not have this necessary certificate in 2022 or 2023.
