Another lawyer, linked to missing RAF millions, struck off roll

Eastern Cape attorney Andrew Masimla has been struck of the roll of attorneys for allegedly stealing most of a hefty Road Accident Fund payout to a client who lost the use of his legs in a horror car accident.

Masimla had been an attorney for almost two decades when he was interdicted from practising in 2018 after the disabled man and his wife, who takes care of him, complained to the Legal Practices Council (LPC) that Masimla had paid them out only a fraction of their R3.5m RAF payout.

Between 2012 and 2017 Masimla eked out just R1.1m in paltry instalments from his trust account to the disabled man’s bank account.

Judge Gerald Bloem said this amounted to just 32.28% of the capital.

“The question is what happened to the remaining sum of R2,391,238?”

Masimla claimed the couple had loaned him the remainder of the money as he was experiencing financial difficulties. His clients tell a different story. They say they would never have agreed to a loan as they themselves were in desperate need of the money. Bloem agreed.

By the end of 2012, he said there was already a shortfall of over R700,000 out of the R1.13m the RAF had, by then, deposited in tranches into Masimla’s trust account for his disabled client.

Masimla had been unable to explain this shortfall.

By June 2013, his trust account reflected a negative balance despite a further R2.4m being deposited into his account by the RAF.

“[He] failed to explain why he had not paid most of the capital to [the couple].”

Bloem said his claim that the couple had agreed to loan him money was “far-fetched and palpably implausible” because of their own personal impecunious circumstances.

He said it had been established on a balance of probabilities that Masimla had stolen a substantial amount of money intended for a disabled man.

“He then sought to cover up the theft by relying on a loan agreement, which in itself constitutes unethical conduct.”

His dishonesty and lack of integrity were a clear indication he was not a fit and proper person to continue to practice as an attorney.

Advocate Kerryn Watt instructed by NN Dullabh attorneys acted for the LPC. Advocate Jason Thysse instructed by Gouws Inc appeared for Masimla.