‘Durban lawyers stole my RAF payout’

Joao Moiane, a Mozambican national based in Soweto, was swindled of his RAF payout by Durban-based lawyers. | Supplied

Joao Moiane, a Mozambican national based in Soweto, was swindled of his RAF payout by Durban-based lawyers. | Supplied

Published Oct 5, 2023

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A SOWETO man’s dream of ensuring his children had a future brighter than his own has been dashed after he was swindled out of his Road Accident Fund (RAF) payout by unscrupulous Durban-based lawyers.

Joao Moiane, a Mozambican national who has been living in South Africa since 1984, said after he was involved in an accident on July 6, 2017, in Durban, where he was working as a subcontractor, he thought all hope was lost for providing his family with a better life.

Moiane said he sustained broken ribs, a fractured backbone and ankle, and head injuries.

The father of four said he was given a ray of hope, however, when he was approached while in hospital by lawyers from Woodroffe & Klyn Attorneys who informed him they would be able to get him compensated by the Road Accident Fund.

Three months later, he said he received an SMS from the RAF informing him that his claim had been lodged with them. However, that was the last he heard about the progress of his claim and his lawyers told him it could not be approved as he had no permit.

Upon following this up with the RAF, Moiane said he was told had a valid passport to be in South Africa and therefore would be entitled to be paid out.

“Each and every time I would phone to find out what was happening they would insist that they were organising my permit even though I told them repeatedly that RAF said they did not need that.

“At one point I ended up travelling all the way to Durban after borrowing money, but they had moved and were nowhere to be found. It was only after I contacted the Legal Practice Council that I managed to find them again.”

In 2019, Moiane said the lawyers contacted him asking for his details and information about the accident but they again went quiet.

He said upon following up with the RAF, they told him that an interim payment of R500 000 was made to the lawyers on June 29, 2022, for damages, with his representatives to be paid 25% and the remaining amount to be paid out to him.

“When I contacted the lawyers, they said there was no money received from RAF and denied everything. I kept telling them they (RAF) had informed me the money had been paid but they stressed there was no such as they were waiting for everything to be finalised.

“That money was supposed to help me raise my four children and get them through university or do short courses to better their lives. Instead, they had to grow up quickly just so they could help me because all I can do now is sell vegetables just to make ends meet.”

Moiane reported the matter to the Legal Practice Council, which requested that he terminate his lawyers’ mandate, saying it would be investigating the matter.

When Woodroffe & Klyn Attorneys were contacted for comment regarding Moiane’s allegations, they said: “You have no locus standi in this matter, please go look for something.”