An attorney who was previously axed from practising for theft of his clients money, now applied to be readmitted as he said he had turned a new leaf and had found God.
Fusi Macheka turned to the Bloemfontein High Court for an order forcing the Free State Legal Practice Council to allow him to practice again.
There were earlier 22 complaints levelled against him. Most dealt with unprofessional conduct and theft of trust monies. In almost all of them he was convicted and sentenced.
The Legal Practice Council instituted the struck-off proceedings before court and Macheka at the time chose not to oppose that application. The court earlier found that he was not a fit and proper person to practice as an attorney and thus struck his name from the roll.
While he did not deny the allegations against him, he said he is now a changed man and should be given a second chance.
According to Macheka, he has admitted that he did wrong and he had accepted the consequences flowing from his conduct.
He admitted that he had embezzled the trust monies of his clients and failed to account to them. According to him, the abuse of alcohol, dagga and engaging in extramarital relationships contributed to his unlawful conduct.
But, Macheka now told the court, he has turned a new leaf in his life. He said that he has accepted Jesus Christ as his Lord and Saviour and that he participates in church activities.
He contended that he has been rehabilitated and thus is a fit and proper person to be readmitted as an attorney of this court.
The LPC opposed the application on the basis that he has not adduced evidence that he is a fit and proper person to be readmitted as an attorney. According to the legal watchdog organisation, Macheka’s conduct towards his clients and his complete disregard of the professional ethics continued unabated for a period of more than five years.
The LPC argued that after Macheka was struck off the roll of the practising attorneys, the Attorneys Fidelity Fund had to deal with over 40 claims made against his trust account for monies stolen by him.
According to them, the Fund settled more than 25 claims, totalling R1 131 790.92 plus legal costs which ultimately, together with the settled claims, cost the fund an amount of R1 319 340 87.
Judge Pitso Molitsoane said Macheka’s plea to return to the profession is filled with averments of how he and his family are struggling after his removal from the roll.
“He then spent a great deal of his time in trying to convince this court about how he has changed or turned another leaf in his life. The complaints against the applicant which ultimately led to his struck off are 22 in number.”
The judge said Macheka failed to explain to the court how his transgressions towards his clients came about, so that the court could have a better understanding of his case.
“Once the evidence is led as to how the misdemeanours came about, this court would be in a better position to engage with the previous conduct of the applicant in order to meaningfully engage with his future expected conduct and thus, the real issue, before us, whether he is fit and proper to be readmitted as a legal practitioner.”
The judge added that Macheka had misappropriated over R1 000 000 from different trust creditors. Notwithstanding the fact that he has engaged the fund since 2016 about negotiating monthly settlement of this amount and costs, the fact is that the money has not been paid.
Macheka, in accepting liability for his actions, also blamed his employers in his previous law firm and claimed that they too, have embezzled some of the trust monies. He, however, told the court that he did not “blame them as thieves” and in this regard said “let bygones be bygones”.
It also came to light that after he was struck off the roll, in complete disregard to the order of this court, he continued to practice as an attorney fully knowing that he had been disbarred. “The worrying factor is the applicant’s total disregard of the law. The applicant has dismally failed to make out a case for his readmission. It cannot be found that he is a fit and proper person to be readmitted as a legal practitioner,” the judge said.
Pretoria News
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