An attorney who failed to remit funds from a divorce settlement to her client has been found guilty of conduct that brought the legal profession into disrepute.
Fhatuwani Moila’s client’s divorce was finalised in 2022, with a settlement reached in 2023. However, the client never received her R130,000 share of the settlement.
The Legal Practice Council (LPC) in South Africa confirmed on Wednesday, January 28, that Moila appeared before a disciplinary hearing in November, which she attended alongside the complainant.
LPC spokesperson Kabelo Letebele said Moila pleaded guilty to charges including conduct that brought the legal profession into disrepute.
According to Letebele, the disciplinary committee recommended an inspection and investigation into the financial records of Moila’s law firm. “Once the inspection has been completed and a report finalised, the complainant will be informed accordingly,” he said.
The LPC also confirmed that Moila is facing two other pending matters—an estate case and another divorce case—which are currently at preliminary stages. Letebele said both complaints relate to a failure to account for clients’ funds.
In one of the divorce matters, Moila pleaded guilty to three charges, including failing to respond to correspondence and telephone calls from the council, as well as failing to comply with its directives.
“As a result of the aforesaid, the respondent hampered the ability of the council to carry out its function to investigate the complaint,” Letebele said. The affected client had earlier told Sowetan that she believed her attorney misused the funds. She said she had not received any part of her more than R130,000 settlement and had not heard from Moila since 2022.
“This matter has been dragging on for a long time. My heart has been sore since 2022, and I still do not have the money. I have not had any communication with her,” the client said.
In her complaint to the LPC, the woman stated that she believed her lawyer “illegally utilised my money for her own benefit,” adding that this was why Moila could not provide proof of the funds’ whereabouts.
Letebele advised the complainant to approach the Legal Practitioners’ Fidelity Fund (LPFF) to submit a claim in an effort to recover her money. “The LPFF is a separate organisation, an insurer of last resort, aimed at protecting members of the public,” he said.
He explained that the fund would assess whether the legal practitioner held a valid Fidelity Fund Certificate at the time the mandate was issued and whether the practitioner was duly admitted.
Letebele also urged members of the public to always verify that a lawyer is properly registered and holds a valid Fidelity Fund Certificate before engaging their services, particularly in matters involving financial transactions.
