JOHANNESBURG – David Mashudu Netsitungulu (48), an attorney who was struck off the roll over alleged fraud involving large amounts of Road Accident Fund (RAF) money owed to clients, is now in court facing criminal charges.
Following a brief appearance in the Johannesburg Magistrate’s Court on Thursday, 15 January, the matter was postponed to 3 March..
Netsitungulu’s court appearance followed his arrest on Thursday by the Gauteng-based Hawks’ Serious Commercial Crime Investigation unit. The fraud is reportedly worth R15 million.
WO Thatohatsi Mavimbela, provincial spokesperson for the Hawks, said charges against Netsitungulu include theft and fraud involving a trust fund. He was subsequently granted bail set at R20,000 with the condition to honour his future court appearances.
Mavimbela said the disbarred attorney’s arrest and court appearance were the culmination of a Hawks investigation following a complaint by the Legal Practitioners Fidelity Fund. He committed the alleged fraud before he was disbarred in 2021 by the Legal Practice Council (LPC).
The disbarment followed an investigation into the misappropriation of approximately R15 million from the Legal Practitioners Fidelity Fund between 2016 and 2020. Netsitungulu allegedly lodged Road Accident Fund (RAF) claims for 11 victims, but reportedly kept the money for his own use rather than distributing it to the claimants.
“The Legal Practitioners Fidelity Fund alleges that between January 2016 and December 2020, Netsitungulu lodged claims with the Road Accident Fund (RAF) on behalf of 11 victims. The Road Accident Fund made payments amounting to R15 million into the trust account of Netsitungulu Attorneys. However, none of the 11 victims received their payments from the suspect,” Mavimbela explained.
Meanwhile, the LPFF reported in October last year that 57 attorneys have been disbarred for misconduct for the period since 2018. They were disbarred for stealing between R1.5 million and R5 million from unsuspecting clients. This was revealed during its national roadshow to raise awareness and educate the public on how to report dishonest attorneys and claim compensation when money or property is stolen.
