Advocate Timothy Ramabulana’s trial to proceed after court probes accused-caused delay

The Specialised Commercial Crimes Court in Palm Ridge has ordered that Advocate Timothy Ramabulana’s trial continue as it investigates what the State described as unreasonable delays caused by the accused. The move follows an application by the State under Section 342A of the Criminal Procedure Act to probe repeated postponements.

What the court heard

The State told the court that Ramabulana first appeared on April 17, 2024, and has since filed several applications that led to multiple postponements. The Section 342A application was brought to allow the court to investigate and address the delays.

Charges against Ramabulana

Ramabulana faces 12 charges, including the acquisition or use of proceeds from unlawful activities, fraud, contravention of the Legal Practice Act and money laundering. The State says he received about five payments totalling approximately R57,000 into his personal account between January 2020 and November 2021, allegedly transferred from Isimbali Trading and Projects (Pty) Ltd.

The State alleges Ramabulana, in his capacity as an advocate, was not entitled to receive payments from Isimbali, a company linked to accused criminals Kishene Chetty and Salamina Khoza. Chetty and Khoza are before court in a criminal matter concerning corruption charges linked to a tender to brand police vehicles, the State said.

Allegations about instructions and fees

The NPA’s Investigating Directorate Against Corruption (IDAC) spokesperson, Henry Mamothame, said the payments were allegedly made to Ramabulana for representing some of the accused in the SAPS matter. Mamothame said Ramabulana allegedly misrepresented that he was instructed by a firm of attorneys to represent the accused, which the State says contravenes the Legal Practice Act by prohibiting an advocate from receiving a fee, commission or reward without instructions from a law firm and without possession of a Fidelity Fund Certificate.

Next steps in the case

Mamothame said the matter was postponed to 20 August for trial on a running roll.

Wider scrutiny on legal practitioners

The article noted recent scrutiny of legal representatives’ conduct, including the disbarment of attorney Sindiso Kondlo from the roll of legal practitioners at the Western Cape High Court after complaints and an investigation by the South African Legal Practice Council (LPC).

LPC spokesperson Kabelo Letebele was quoted saying:

“(LPC) has consistently adopted a strict approach with practitioners who have failed to meet the ethical standards expected of the profession, in particular where the practitioners have misappropriated money belonging to clients; it has sought the most severe sanction, namely the removal of the names of these individuals from the roll of practitioners.”