Former Attorney Held Over Alleged Theft of Road Accident Fund Payouts

A former attorney accused of siphoning trust funds meant for clients through the Road Accident Fund (RAF) is back in the spotlight as the Bellville Commercial Crime Court investigates ongoing allegations of misconduct.

The attorney, Siyakudumisa Mlunguza, faces multiple counts of theft related to payouts from the RAF, with complaints lodged both by the fund and the Legal Practitioners Fidelity Fund.

A Troubled Legal Career

Mlunguza’s first appearance in March 2022 led to his release on a warning, but the matter has grown increasingly complicated. The National Prosecuting Authority (NPA) alleges that in November 2024, he intimidated two State witnesses, a move that resulted in court-imposed restrictions forbidding him from contacting them directly or indirectly.

Despite these conditions, on 1 September 2025, the State discovered Mlunguza had allegedly continued his interference. According to NPA spokesperson Eric Ntabazalila, the former attorney had the Sheriff of the High Court serve a fraudulent summons on another State witness, an attorney and executor of a deceased estate involved in the RAF claims.

“The summons was fraudulent; the attorney who purportedly issued it denied doing so, and the signature on the document was invalid,” Ntabazalila explained.

This development prompted the State to move to cancel Mlunguza’s warning and have him remanded in custody pending further investigation.

Court Orders Custody Pending Inquiry

On 5 September, State advocate Siphokazi Makhanda filed notice in court seeking cancellation of Mlunguza’s warning under Section 72A of the Criminal Procedure Act. The court agreed, ordering that the accused remain in custody while the inquiry proceeds.

Ntabazalila noted that the inquiry will examine both the alleged misappropriation of RAF trust funds and the ongoing harassment of State witnesses.

Public and Legal Context

Cases like Mlunguza’s have sparked concern across South Africa’s legal community. The RAF, which compensates victims of road accidents, has long faced scrutiny over payouts being diverted or mishandled, and fraudulent claims add another layer of complexity to the fund’s administration. Social media reaction has been swift, with users condemning the alleged theft:

“How do people cheat a system meant to help accident victims? This is outrageous,” wrote one X user.

Observers also note that fraudulent actions against estate executors and State witnesses undermine public confidence in the justice system, highlighting why courts are taking a hard line on breaches of warning conditions.

Mlunguza is expected to appear in the Bellville Commercial Crime Court today, where the inquiry will further scrutinize his conduct and the alleged misappropriation of RAF payouts. The case underscores the ongoing challenges in protecting trust funds, ensuring legal accountability, and maintaining confidence in South Africa’s legal system.

{Source: IOL}

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