SIU inquiry ruffles feathers as 2 court orders raise red flags

Legal practitioners have called for action should any of their colleagues be found in the wrong in relation to two Mthatha high court orders flagged by the Special Investigating Unit, which is probing medicolegal claims.

The SIU, as part of its ongoing probe, revealed it flagged two orders in a recent report presented by its head advocate, Lekgoa Mothibi, to parliament’s standing committee on public accounts.

Mothibi revealed that the SIU’S investigation, in authenticating Mthatha high court orders in medicolegal matters, resulted in engagement with the acting judge-president of the East Cape division of the high court on May 17. “The purpose was to authenticate all court orders allegedly obtained and not to accept same on face value.

“The magnitude of fraudulent conduct identified in the course of the SIU investigations prompted this approach and thus no stone is left unturned.”

“The investigation is ongoing. However, two court orders relating to this aspect may be questionable,” the report revealed.

Probed further by the Dispatch, SIU spokesperson Kaizer Kganyago said: “We are unable to provide a response at this time as the investigation is ongoing.”

The office of the chief justice said the matter had not been brought to its attention.

Judges Matter NPO researcher Mbekezeli Benjamin said: “It is possible that the office of the chief justice would not be aware as the issuing of court orders is a judicial function.

“It is important to put in context that the two court orders the SIU flagged are from what the SIU presentation to parliament indicates to be over 2,500 medicolegal claims worth R22.3bn against the Eastern Cape department of health.”

Benjamin said they were aware that the medicolegal claims had become a “regular feature” on high court rolls across the country.

“But we did not know the true extent of the monies involved until the SIU’S preliminary findings and observations.

“It is shocking to learn of legal practitioners taking advantage of vulnerable people and how this is impacting on public healthcare services,” he said.

Benjamin said former chief justice Mogoeng Mogoeng in 2018 initiated a “court order integrity” project aimed at stamping out the nationwide practice of people making fraudulent court orders.

“That project involved implementing secure protocols, authentication processes by registrars and specialised secure stamps.

“Since then, we have seen fewer instances of fraudulent court orders.

“While it is concerning that the SIU was able to flag two court orders for authentication in the Eastern Cape, it is remarkable that it is two court orders in a pool of over 2,500 medicolegal claims totalling R2.23bn.”

Legal Practice Council Eastern Cape director Alfred Hona said if the investigation by the SIU, once concluded, indicated that any legal practitioners were involved, “necessary steps shall be taken to deal with the conduct of the legal practitioners in terms of the disciplinary processes as set out in the Legal Practice Act”.

“The SIU, on completion of its investigation, will furnish our offices with all the information and documentation obtained in connection with any person who is admitted as a legal practitioner and enrolled with the Legal Practice Council either as an attorney or advocate.

“The LPC shall deal decisively with any unacceptable conduct that brings the credibility of the legal profession into question and disrepute,” Hona said.

National Association of Democratic Lawyers president Mvuzo Notyesi said they viewed the allegations as an attempt to interfere with the independence of the judiciary.

Notyesi called for the law to take its course on anyone involved in fraudulent activities.

“If there’s any court order that is wrongly issued by a court, there are remedies within the court system itself. The SIU has done this previously.

“What we cannot accept is just the brazen allegations that are being thrown in a way of grandstanding, in a way attacking the integrity of the profession.”