A Judge’s Past Catches Up: SCA Clears Way for Theft Trial Over Missing R2.2 Million

A sitting Bloemfontein High Court judge has lost a pivotal legal battle to avoid a criminal trial over allegations that he misappropriated more than R2.2 million from a vulnerable client while practicing as an attorney. The Supreme Court of Appeal (SCA) has dismissed Judge Mpina Mathebula’s bid for a permanent stay of prosecution, clearing the path for him to face charges of theft, fraud, and money laundering.

The case plunges into Mathebula’s past, before his judicial appointment, when he ran Uys Mathebula Attorneys in Sasolburg. In 2013, the Road Accident Fund (RAF) paid out approximately R3.1 million into his firm’s trust account as compensation for a young boy injured in a car accident. The child’s grandmother, Dimakatso Makhethe, had enlisted Mathebula’s help.

A Payout, But Only a Fraction for the Client

Court documents reveal a stark discrepancy. Of the R3.1 million received, only R110,500 was ultimately paid to the injured child’s family. After a complaint was lodged, the state recovered over R1.2 million from a candidate attorney who took over the practice. However, prosecutors allege at least R1.3 million remains unaccounted for, tracing unlawful transfers from the firm’s trust account to Mathebula’s business account.

The Judge’s Defence and the Court’s Rejection

Mathebula has vehemently disputed the charges, arguing the state fundamentally misunderstands attorney fee structures and that the prosecution is irrational. He claimed the scandal has subjected him to public “embarrassment, ridicule, and insults,” destroying his reputation and burdening him with hefty legal costs.

The SCA, however, was unmoved. It ruled that his complaints did not constitute the “extraordinary circumstances” required for the drastic step of stopping a prosecution before trial. The court held that his arguments about the case’s merits were matters for the trial court to decide, not for a superior court to pre-empt. The “social prejudice and financial loss” cited were deemed inherent inconveniences faced by any accused person, not unique prejudice warranting a stay.

“The appeal must thus fail,” the SCA concluded, upholding a prior High Court ruling.

A Long Road to Trial Ahead

The ruling is a significant setback for Mathebula, who had previously made unsuccessful representations to both the Director and National Director of Public Prosecutions. He now faces the prospect of standing trial in a criminal court while serving on the High Court bencha scenario fraught with profound personal and professional consequence.

The case underscores a powerful legal principle: that no one, not even a judge, is above the process of criminal accountability. As the SCA’s door closes, the door to the trial court now opens, where the evidence of what happened to the missing millions will finally be tested under oath. For the grandmother who sought justice for her grandson over a decade ago, the long path to answers continues.

{Source: IOL}

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