Nkqayi’s hopes to recover Diepsloot home shattered
DIEPSLOOT - Evicted Diepsloot family still in the streets as their lawyer remains out of action.
An evicted Diepsloot family is still living out in the cold, with no sign of any litigation from their lawyer who the family claims to have paid R23 000.
Patrick Nkqayi and his family, including two young children, were evicted from their house on 17 July. The house had been sold by Nkqayi’s former girlfriend who co-owned the property.
This is not the first time he has had to fend off eviction – his initial victory was successfully appealed in the High Court after his lawyer failed to oppose the appeal.
Circumstances around the change of ownership are still sketchy.
The family’s hopes to recover their home through the assistance of their lawyer, Antonio Kuphane, are now shattered. A dejected Nkqayi told this paper on 28 July that Kuphane was playing hide and seek with him again.
“The lawyer has not given me a court date yet and each time I call him, he always says he is busy in court and will call me back. He never calls me back,” said Nkqayi.
He added that his persistent appeals for a refund were falling on deaf ears. “I told him to refund me if he can’t help me so that I can get another lawyer, but he is insisting on handling the case. He said I must not worry,” he complained.
Kuphane initially told this paper that he was going to refund Nkqayi, but changed his tune the following day. The lawyer did not pick up his phone when Fourways Review repeatedly attempted to contact him on 28 July.
He also claimed that Nkqayi paid him only R17 000. Nkqayi, however, is insisting that he parted with R23 000, maintaining that he has all the receipts to prove it. “He thought I had lost the receipts. I have all of them and I showed him. He is no longer disputing the amount I paid him, but is refusing to pay me back my money,” he said.
Read:Â Our lawyer is letting us down, says evicted Diepsloot family
Fourways Review contacted the Law Society of South Africa to seek clarity on how the matter could be resolved. An official from the institution, who declined to be identified as she was not authorised to talk to the media, said Nkqayi was required to report Kuphane to the society.
“He must open a case against him with the Law Society. Investigations would be conducted to establish the facts. Depending on the findings, the lawyer might be de-registered or ordered to repay the client.”
Diepsloot’s DA councillor, Refilwe Mathebula has offered to assist Nkqayi to open a case with the Law Society. “I will personally go with him to open the case. The lawyer is taking advantage of their illiteracy and treats them badly,” claimed Mathebula.
