Former attorney faces theft charges over misappropriated Road Accident Fund payments

A former attorney accused of misappropriating trust funds paid out by the Road Accident Fund (RAF) will appear in the Bellville Commercial Crime Court today, where an inquiry into his behaviour will be held. 

The former attorney is charged with several counts of theft of Trust Funds, which were payouts of the RAF for his clients. The complainants include the RAF and the Legal Practitioners Fidelity Fund.

National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila confirmed that the matter against Siyakudumisa Mlunguza was enrolled for hearing earlier this month but was postponed due to the magistrate’s unavailability. 

Mlunguza was released on warning after his first appearance on March 29, 2022. The State alleges that he intimidated two State witnesses in November 2024.

“On 29 January 2025, (State) advocate Siphokazi Makhanda was informed of the November 2024 incident, and she placed it on record, and the magistrate imposed warning conditions that the accused should not directly or indirectly communicate with any of the State witnesses,” said Ntabazalila.

However, earlier this month, on September 1, it came to Makhanda’s attention that Mlunguza continued to have the Sheriff of the High Court allegedly harassing another State witness. 

“(He served) another State witness in this case - an attorney and an executor of the deceased estate in relation to this case - with a combined claim about the funds due to the deceased’s estate by the RAF. 

“The summons was fraudulent as the attorney who purportedly issued the summons denied issuing it, and the signature on the summons was not valid,” said Ntabazalila.

The State prosecutor had previously submitted a notice in court to have the attorney’s warning cancelled and to have him remanded in custody pending the inquiry. 

“On 5 September, Makhanda gave notice in court of her intention to bring an application to have the accused’s warning cancelled in terms of Section 72A of the Criminal Procedure Act. She argued that the interest of justice called upon the court to keep the accused, who was out on warning, in custody pending the inquiry. The court ordered that the accused be kept in custody pending the inquiry,” said Ntabazalila.

chevon.booysen@inl.co.za