Legal eagle at centre of RAF payout probe
Fraud charges laid after client ‘kept in dark’
PERSONAL injury lawyer Lwando Cakata of LA Cakata attorneys is being investigated for fraud by East London police.
The complaint against Cakata was laid by his client, Gloria Kleinhans, 47, of Parkside in July.
Cakata represented Kleinhans in a Road Accident Fund (RAF) claim the woman launched in 2014 following a motor vehicle accident that left her 11-year-old son Ruwayne Diego with a broken left leg and head injuries.
The accident occurred in Currie Street, Quigney in December 2013 while Ruwayne was walking to the Buffalo City Metro festive season carnival on the beach front.
For that accident the RAF paid R400 000 into Cakata’s account in May this year.
Kleinhans told the Daily Dispatch that when the money was paid over Cakata did not inform her.
“I visited the RAF offices in July to find out what was taking so long with my son’s claim and I was shocked when they produced a settlement certificate showing the money had already been paid to my lawyer.
“I confronted Cakata and he said he was going to pay me my money in installments, including interest,” Kleinhans said, adding she did not agree to this arrangement and instead went to the police to open a case.
Police spokeswoman Warrant Officer Hazel Mqala yesterday confirmed a criminal case was being investigated by their fraud division.
Called for comment, Cakata said from the R400 000 RAF payout, he deducted 25% for his fee, which amounted to R100 000.
Asked what happened to the balance, he said Kleinhans had taken out a loan of R250 000 with the law firm prior to her claim being processed.
“We have paid her R58 000 in cash including interest, so there is no money owed to her now,” Cakata said.
Kleinhans confirmed having received the R58 000, but she denied taking a loan with Cakata. Cakata was asked to provide proof of the payment to the Dispatch but by time of print had not done so. He called the paper yesterday saying he had spoken to Kleinhans and they had reached a settlement agreement.
In response to this Kleinhans said: “Please publish the story because he [Cakata] is now trying soften me up.
“That is my son’s money. He needs it for medication, education and shelter.” —