RAF recipient, lawyer fight over money

050715. Greenfields near Thokoza in Ekurhuleni. Mxolisi Ntsizakalo claims that his lawyer refuse to give him R4.3 million payout from the Road Accident Fund (RAF). Picture: Dumisani Sibeko

050715. Greenfields near Thokoza in Ekurhuleni. Mxolisi Ntsizakalo claims that his lawyer refuse to give him R4.3 million payout from the Road Accident Fund (RAF). Picture: Dumisani Sibeko

Published Jul 6, 2015

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Johannesburg - A R4.3 million payout from the Road Accident Fund (RAF) has caused a rift between a beneficiary and his lawyer.

The beneficiary, Mxolisi Ntsizakalo, 38, has accused his lawyer, Siyamcela Ngento, of withholding his money. He said Ngento called him crazy and won’t take his calls.

Ntsizakalo has laid a complaint with the Law Society, asking it to help him get his money from Ngento.

“Since the money was paid, he doesn’t want to talk to me. He said I’m crazy and won’t get a cent,” he said.

Ngento fired back, saying Ntsizakalo had a mental problem, but denied calling him crazy. He said he hadn’t refused to give Ntsizakalo his money.

“The fact of the matter is that the money cannot be given to him on hand; it has to go into a trust and we are busy creating the trust.

“All of this was communicated to him after the money was paid in March,” Ngento said.

Ntsizakala’s car was hit by a taxi that skipped a red robot.

He was in a coma for four months. He lost his ability to speak and has only partly regained it.

His right leg and his arms don’t function properly and he is forgetful.

Ngento said various experts testified at the court case that Ntsizakalo had sustained brain damage in the collision.

He said the court had appointed advocate ZZ Matebesi of the Pretoria Bar to curate his client’s case as Ntsizakalo was unable to handle it.

In March, eight years after the accident, the RAF paid him R4.3m.

The money was put into Ngento’s account, but the court order stated that a trust fund needed to be opened into which Ntsizakalo’s money would be transferred.

Ntsizakalo said problems started when he asked when he would get the money.

He said he needed it to pay his children’s school fees and buy another car.

However, Ngento said Ntsizakalo had refused to co-operate when he asked him to supply him with documents he needed to open the trust fund.

The Law Society confirmed it had received Ntsizakalo’s complaint.

Matebesi said he wasn’t aware of the differences between Ntsizakalo and Ngento, and confirmed that a trust fund needed to be established.

The RAF’s Sello Mosotho said that under normal circumstances, an attorney would transfer payment into a trust in favour of the claimant once it was registered.

Money due to the claimant would then be dispatched from the trust.

botho.molosankwe.inl.co.za

The Star

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