The Specialised Commercial Crimes Court in Palm Ridge, Johannesburg, this week ordered that the trial against Advocate Timothy Ramabulana proceed to investigate the unreasonable delay caused by the accused.
This comes after the State filed Section 342A of the Criminal Procedure Act (CPA), which empowers the court to investigate and address unreasonable delays in criminal trials.
The State filed this application following several postponements, wherein Ramabulana filed several applications since his first court appearance on April 17, 2024.
Ramabulana faces 12 charges, including the acquisition or use of proceeds from unlawful activities, fraud, and the contravention of the Legal Practice Act, as well as money laundering.
In his capacity as an advocate, he was not entitled to receive payments from Isimbali – a company linked to accused criminals Kishene Chetty and Salamina Khoza.
Chetty and Khoza are before court relating to a tender that was awarded irregularly to brand police vehicles.
According to the State, Ramabulana – who received about five payments from Isimbali – ought to have known that the funds formed part of the proceeds of unlawful activities.
The NPA’s Investigating Directorate Against Corruption (IDAC) spokesperson, Henry Mamothame, said the matter was postponed to August 20 for trial on a running roll.
Mamothame said: “These charges relate to five money transfers amounting to approximately R57,000 that were allegedly made into his personal account between January 2020 and November 2021.
“These funds were allegedly transferred from a company known as Isimbali Trading and Projects (Pty) Ltd. This company, which is linked to Kishene Chetty and Salamina Khoza, forms part of a criminal court matter, wherein the two and other officials from the South African Police Service (SAPS) are facing corruption charges relating to a tender that was awarded irregularly to brand police vehicles.”
Mamothame said the payments were allegedly made to Ramabulana for representing some of the accused in the SAPS matter.
“He allegedly also misrepresented that he was instructed by a firm of attorneys to represent the accused, thus contravening the Legal Practice Act, which further prohibits him from receiving a fee, commission, or reward without instructions from a law firm and without possession of a Fidelity Fund Certificate,” said Mamothame.
This comes as the legal representative’s conduct has come under scrutiny by the courts, resulting in several disbarments in recent months.
Most recently, attorney Sindiso Kondlo was disbarred from the roll of legal practitioners at the Western Cape High Court after complaints of his conduct and the misappropriation of funds were investigated by the South African Legal Practice Council (LPC).
LPC spokesperson Kabelo Letebele said they welcomed the court’s decision to strike Kondlo from the Western Cape High Court roll of attorneys.
Probed about their approach against attorneys who are not in good standing to fulfil their duties, Letebele said the LPC has consistently adopted a strict approach.
“(LPC) has consistently adopted a strict approach with practitioners who have failed to meet the ethical standards expected of the profession, in particular where the practitioners have misappropriated money belonging to clients; it has sought the most severe sanction, namely the removal of the names of these individuals from the roll of practitioners.”
