Top attorney told to pay up or face jail

By Staff Reporter

A prominent local legal representative earned himself the wrath of a High Court judge last week for failing to pay money received from the Road Accident Fund (RAF) to his client. He was told to make plans to pay the R12.62-million within 48 hours or face imprisonment.

The urgent application was heard by Judge Thogomelani Tshidada in the Thohoyandou High Court on Friday (28th). The applicants were Muofhe Tshisikule, along with Livhuwani Dollancre Sikhwari and the Phathutshedzo Tshisikule Trust. The defendants were advocate Modienyane Jonah Ranala and attorney Nditsheni Nemasisi. Nemasisi is also the owner of the well-known Motsepe Championship team, JDR Stars.

Judge Tshidada found that Nemasisi and his firm were to be held in contempt of court for violating an order of the Limpopo High Court. The court instructed Nemasisi and his firm to pay over R12,642,379 to Phathutshedzo Tshisikule (the patient). How Tshisikule was injured was not indicated, but the money was clearly paid out to the attorney’s firm by the RAF.

The court order, issued on 20 January 2023, stated that R3-million had to be paid over on 4 August 2023. On 7 June 2023, another court order was issued, stating that R2-million had to be paid over by 16 February 2024. The final order was made on 11 September 2023, instructing that the balance of R7,642,379 be paid on 15 May 2024.

Seeing that this was not done, Judge Tshidada sentenced Nemasisi in his capacity as director of the firm to 12 months imprisonment, without the option of a fine. The sentence was wholly suspended on condition that the outstanding monies be paid within 48 hours. The Sheriff of the Court as well as the SAPS were ordered to give effect to the ruling, should the payment not be made.

Judge Tshidada further instructed the Legal Practice Council of Gauteng to investigate the financial standing of Nemasisi’s trust account, but not to limit the investigation to Tshisikule’s claim. Nemasisi was also ordered to pay the costs of the urgent application on an attorney-to-client scale.

The family of Phathutshedzo Tshisikule did not want to comment on the matter this week. Their legal representative did, however, indicate that payments had been made to his client. When Nemasisi was contacted on Wednesday, he did not want to comment but stated that he had paid over the money.

Date:05 July 2024

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