The Special Investigating Unit (SIU), which is conducting a review of all Eastern Cape provincial medico-legal claims and cracking down on crooked lawyers behind the suits, has been accused by the National Association of Democratic Lawyers of “grandstanding”.
According to Daily Dispatch, in a recent report presented by SIU head Advocate Lekgoa Mothibi to Parliament’s Standing Committee on Public Accounts, he had described two orders as “questionable”.
“The purpose is to authenticate all court orders allegedly obtained, and not to accept same on face value,” he had said of the ongoing probe.
The Office of the Chief Justice said the matter had not been brought to its attention, and this, said Judges Matter NPO researcher Mbekezeli Benjamin, could be because that office was not yet aware of the issue.
“It is important to put into context that the two orders flagged by the SIU are among the more than 2 500 medico-legal claims worth R22.3bn against the Eastern Cape Department of Health.”
Benjamin said they were aware the claims had become a “regular feature” on High Court rolls countrywide, “but we did not know the true extent of the monies involved until the SIU’s preliminary findings and observations”.
“It is shocking to learn of legal practitioners taking advantage of vulnerable people and how this is affecting public healthcare services,” he added.
Legal Practice Council Eastern Cape director Alfred Hona said once the investigation had been concluded, if there were any indications that any legal practitioners were involved, “necessary steps shall be taken … in terms of the disciplinary processes as set out in the Legal Practice Act”.
“The LPC shall deal decisively with any unacceptable conduct bringing the credibility of the legal profession into question and disrepute.”
However, National Association of Democratic Lawyers President Mvuzo Notyesi said they viewed the allegations as an attempt to interfere with the independence of the judiciary.
Notyesi called for the law to take its course on anyone involved in fraudulent activities.
“If there’s any court order that has been wrongly issued by a court, there are remedies within the court system itself. The SIU has done this previously.
“What we cannot accept is just the brazen allegations that are … grandstanding, in a way attacking the integrity of the profession.”
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