Legal council slams media over reporting of lawyer’s acquittal in disabled child payment case

The Legal Practice Council (LPC) criticised a media report about an attorney’s acquittal after allegedly stealing the settlement money meant for a disabled child.

It has stressed that the lawyer, Steven Gqeba, is still suspended and the decision to acquit him is not yet final.

The LPC’s National Council must still make the ultimate decision on whether to dismiss or overrule the recommendations of the disciplinary committee.

Gqeba is facing the disciplinary committee after allegedly stealing his client’s R3.5 million Road Accident Fund (RAF) settlement. Criminal charges have reportedly been laid and he is out on bail.

Lawyer’s acquittal not final yet, article ‘misleading’

An LPC statement on Thursday said it had noted a News24 article titled “Lawyer paid disabled child’s trust R50 000 of R15m settlement, legal council acquits him“.

“The LPC confirms that Mr Gqeba has not been acquitted and that he remains suspended in terms of the Order of the High Court granted on 8 August 2023, subject to the finalisation of the LPC’s disciplinary processes.

“Despite the headline stating that the LPC has acquitted Mr Gqeba, the LPC was not approached for comment prior to publication of the article,” the council said.

“Had the LPC been given the opportunity to comment, it would have stated that whilst a disciplinary committee which was appointed to hear and decide the matter has reached certain conclusions, these do not constitute the verdict of the LPC, as the disciplinary committee outcome is but a step in the LPC’s rigorous processes in such matters, which may result in a different outcome.”

The LPC accused the media group of “misleading” readers due to the lack of context in the article.

“Reporting which fails to include this important broader perspective tends to reduce public confidence in the LPC as regulator, and by extension, in the ethical standards of the legal profession.

“This in turn has negative consequences for the public’s confidence in the rule of law.”

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LPC removes 80-100 lawyers every year

The LPC then explained that the Legal Practice Act mandates that it use independent committees for investigations, disciplinary actions, and appeals.

These committees provide recommendations to the LPC’s Provincial and National Councils, with the National Council making final decisions.

Contrary to the reports, Gqeba’s acquittal has not been finalised. The Provincial and National Councils have yet to review the matter.

Gqeba remains suspended, barred from practising, and denied access to trust account funds pending the LPC investigation.

He faces multiple charges, including misappropriation and other complaints related to Road Accident Fund payments for his clients.

The council said since its inception, it removes between 80 and 100 practitioners every year for misconduct. This, it said, reflects its dedication to upholding ethical standards in legal processes.

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