The Pretoria Bar Council has struck from its roll six of 13 advocates found guilty of fleecing the Road Accident Fund of over R15-million.

The Pretoria Bar Council has struck from its roll six of 13 advocates found guilty of fleecing the Road Accident Fund of over R15-million.
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Advocates face being struck off the roll The advocates were found to have continued to milk the fund even though the bar council had warned them to stop after fining and suspending them.

Five of the six advocates had pleaded guilty.

Leonard Bezuidenhout, who entered a not-guilty plea, was found guilty on 819 counts of double briefing and overcharging, raking in almost R6-million.

In a strongly worded judgment yesterday, retired judge Kees van Dijkhorst said the advocates had "mounted the steed of greed" and that those who were struck off had continued to defraud the RAF even after investigations into their conduct had begun.

The advocates were found guilty of claiming fees for more than one trial a day.

The ruling follows an application by the General Council of the Bar to strike off all 13 advocates. The Pretoria Bar, however, asked the Pretoria High Court to confirm sanctions already imposed on 12 of the advocates, including fines and suspensions.

RAF acting CEO Mandla Mvelase said: "There are not enough hours in the month for the time and money they claimed."

The 13, he said, were known as the "millionaires' club" because of the amount of money they bagged from RAF claims.

Though they have already been punished by the bar's ethics committee, the General Council of the Bar applied to the Pretoria High Court to have them struck off the roll because it deemed their punishment was inadequate.

The advocates were yesterday found guilty of double briefing and overreaching - offences that constitute double billing - in Road Accident Fund matters.

Struck off were advocates:

■Makgotshe Leopeng, who pleaded guilty to 315 counts of double briefing and overreaching, and was fined R157500 and ordered to repay R1.3-million to the RAF;
■Daniel Poli Mogagabe, who pleaded guilty to 461 counts of double briefing and overreaching, was fined R230000 and ordered to repay R1.9-million to the RAF;
■ Bezuidenhout was found guilty of 819 counts of double briefing and overreaching. He has been ordered to repay the RAF R5.99m;
■Thillay Pillay, who pleaded guilty to 28 counts of double briefing and overreaching, was fined R28000 by the council and ordered to repay R268800 to the RAF.
■Mattheus Botha, who pleaded guilty to 170 counts of double briefing and overreaching, was fined R170000 and ordered to repay over R1.7-million; and
■Marthinus de Klerk was found guilty of 74 counts of overreaching and double briefing; he was fined R74000 and ordered to repay R310800.
Those who were suspended from practising for a minimum of six months included:

■Brenton Geach SC, who has practised for 35 years. He pleaded guilty to 82 counts of double briefing and overreaching, and was ordered to repay the RAF R98000;
■Stef Guldenpfenning pleaded guilty to 90 counts of double briefing and overreaching. He was suspended from practising for 12 months and ordered to repay R864000 to the RAF;
■Mark Upton, who pleaded guilty to 16 counts of double briefing and overreaching. He was fined R16000 and ordered to repay the RAF R166400;
■Don Williams was fined R196000, ordered to repay R864000 and suspended from practising for a year;
■Ephraim Seima pleaded guilty to 33 counts of double briefing and overreaching. He was fined R33000, suspended from practising for six months and ordered to repay R141900;
■Cas Jordaan, a former RAF employee, was fined R20000. He pleaded guilty to 20 counts of double briefing and overreaching, and was suspended for six months and ordered to repay R94000;
■Colin van Onselen was found guilty on 133 counts of double briefing and overreaching. He was ordered to repay R967800 and suspended for six months.
Pretoria Bar Council chairman McCaps Motimele said yesterday had been "very difficult", not only for him but for the entire legal profession.

Motimele said it was the first time the bar had applied to have so many lawyers struck from the role simultaneously. "By any definition, it is a first, not only for the Pretoria bar, but for the entire profession."

Yesterday's ruling bars the six advocates struck from the roll from practising law in any form. Motimele said he was unsure if the lawyers would appeal the judgment.

Mandla Mvelase, acting CEO of the RAF, welcomed the judgment and said it should send out a "strong message to those perpetrating fraud against the RAF, including members of the legal profession, that these illegal activities will not be tolerated and will have dire consequences for those involved".

Mvelase said the RAF is investigating a number of other attorneys and advocates who are suspected of defrauding it.

( Times Live)