FILE PHOTO: Julius Malema, left, and his then lawyer Tumi Mokwena during his court appearance at the Polokwane Magistrate's Court on June 20, 2013, in Polokwane, South Africa. Malema faced charges of fraud, corruption, money-laundering, and racketeering. Picture: Gallo Images / Sowetan / Elijar Mushiana
Lawyer Tumi Mokwena, who is the former lawyer of EFF leader Julius Malema, faces an application for the liquidation of his law firm.
The application for the liquidation was brought by controversial businessman Sithembiso Bethuel Bosch, who is also a former ally of Malema. He donated funds to Malema’s Ratanang Family Trust and former president Jacob Zuma’s education trust in 2007.
The application will be heard in the Limpopo High Court on October 24 this year.
The liquidation process comes after the dismissal by the Supreme Court of Appeal (SCA) of an application by Mokwena for leave to appeal a Limpopo High Court order that compels him to produce all accounting records of his law firm for inspection by the Law Society of the Northern Provinces.
Mokwena has now petitioned the SCA president to refer the matter back to court for reconsideration and variation.
The Law Society brought the application to inspect all his records after a complaint regarding his alleged fraudulent activities at the Zebediela Citrus Estate, where he ran the affairs on behalf of the land reform beneficiaries.
Mokwena was also reported to the Law Society by FJ Cohen Attorneys and Mahlangu Attorneys for allegedly refusing to hand over information of their clients.
In his SCA court papers, Mokwena argued: “The Law Society required that I should produce and hand over complete office files relating to instructions handled by the firm on behalf of all its clients.
“I have no objection against the production of the firm’s accounting records as defined in terms of section 70 of the Attorneys Act 53 of 1979 read with Rule 35.5 of the Rules of the Attorneys’ Profession.
“I only take issue with the order that I should produce the complete office files held by the firm on behalf of all its clients.”
This development also comes hard on the heels of a release of a Modimolle-Mookgophong Municipality forensic report, in which Legodi Attorneys were heavily implicated in alleged defrauding of the entity.
Mokwena is also a partner in Legodi Attorneys.
The report found that Legodi Attorneys had submitted suspicious invoices and was paid more than R9.3 million between June 2017 and May 2018, despite not being on the municipality’s database of service providers.
Mokwena referred News24’s enquiry to his attorney Floyd Legodi, who confirmed both applications for liquidation and in the SCA.
“The [liquidation] matter is being contested and the SCA matter is ongoing,” Legodi said.
On Wednesday, the Democratic Alliance, which runs the Modimolle-Mookhopong Municipality, indicated that it would lay a complaint against Mokwena and Legodi Attorneys with the Law Society.
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