Former Gqeberha Attorney Faces Trial for Multi-Million Rand Fraud Case

The moral fabric of the legal profession in Gqeberha has been gravely tested as Shaun Masimla, a once-respected attorney, head to trial this Friday for serious misconduct. Charged on two counts of fraud or alternatively theft, Masimla is accused of violating the very essence of his professional duty by misusing his clients' funds, sourced from Road Accident Fund (RAF) claims.

The case, set to unravel in the Specialised Commercial Crimes Court of Gqeberha, follows the heart-wrenching experience of Edison Cunningham, who was left paralysed after a horrific car accident in April 2000. An initial claim was filed on Cunningham's behalf by another law firm in 2001, but a decade later, with no visible progress, the mantle was passed to Masimla.

The RAF awarded Cunningham compensation exceeding R3.5 million in 2012, a sum meant to provide for his long-term care and rehabilitation. However, it is alleged that of this amount, only R1.1 million was disbursed to the victim by Masimla. The attorney is accused of rerouting the remaining funds for personal expenses, such as creditor payments, family salaries, groceries, and his wife’s needs. This misuse surfaced in July 2015 when an anguished Masimla reportedly confessed his transgressions to the Cunninghams, claiming his life was "in shambles."

The second count of fraud presents a similar pattern of alleged abuse involving another client, Sindiwe Mdutyana. After her husband's tragic passing in a car accident, Mdutyana sought Masimla's professional aid in August 2014 to claim for loss of support from the RAF. The Fund settled with an amount exceeding R650,000 in January 2018, yet it is claimed, Mdutyana only received R80,000. In the pursuit of justice, the Legal Practice Council supported Mdutyana in making a claim against their Fidelity Fund, resulting in compensation for the loss suffered due to Masimla's conduct.

Masimla's disbarment clearly indicates the severity of his alleged actions, but now the court of law will determine his fate. Out on R50,000 bail, he is represented by Danie Gouws, while the state's charges are championed by Advocate Lise Keech.

As the community watches the trial unfold, they are engrossed by the broader implications of trust in the legal system and the safeguards in place to protect clients from such devastating betrayals. The story also resonates with the larger narrative of legal stewardship, accountability, and the pursuit of justice, as mirrored in local media content such as the Journey to Justice podcast featuring the life of slain mother Vicki Terblanche and the motoring insights from Naresh Maharaj.

Gqeberha society waits with bated breath to see whether justice will be served in this case that sends a clear message about the sanctity of the attorney-client relationship and the consequences of breaching that sacred trust.