An attempt by the state to exclude attorney Zuko Noxuba from acting in a medico-claim because he was arrested earlier this year for allegedly fraudulent medico-legal claims,is being heard in the Mthatha High Court.
Judge Mbulelo Jolwana that it could be assumed that because Noxuba had been arrested for alleged fraud earlier this year, he would commit fraud in every case he takes on. The report said the state was given until Friday to bring evidence to the Mthatha High Court proving that Nonxuba had in fact committed fraud.
According to a Daily Dispatch report, Jolwana was ruling on an objection raised on 14 February by the state against Noxuba, who had claimed damages for Avile Molose. Deputy state attorney Johan van Schalkwyk asked the judge to postpone the case on the basis that Nonxuba had once been arrested for fraudulent “shenanigans” involving medico-legal claims.
Molose was born at Butterworth Hospital on 14 July, 2013 suffering from foetal distress which gave rise to spastic quadriplegic cerebral palsy and cortical blindness. A relative, Millicent Molose, instructed Nonxuba to lead their case against the state. Eastern Cape Health MEC Helen Sauls August was found liable and on 20 June, 2018, was ordered to make an interim payment of R2m within 30 days.
In his ruling handed down this week, Jolwana found that Noxuba must be given the benefit of the doubt because he had not been found guilty of any crime. The judge said: “Mr Van Schalkwyk seems to believe that Mr Nonxuba should be treated as a convicted fraudster when the reality is, that this court has no legal basis for treating Mr Nonxuba as if he is a convicted criminal or any different from how it treats other practitioners”.Full Daily Dispatch report (subscription needed)