Lawyer disbarred

A FORMER Ladysmith attorney has been struck off the roll by the Pietermaritzburg High Court for stealing R520 000 from a client.

Loganathan Chetty, now a Pietermaritzburg resident, was found on Friday by Judges Trevor Gorven and Gregory Kruger to be unfit to practise as an attorney.

The KwaZulu-Natal Law Society had instructed attorney Siva Chetty to launch the strike-off application last year.

The court heard that the R520 000 was a portion of the R1.4 million which was paid as compensation into Chetty’s personal account in July 2012 by the Road Accident Fund (RAF) for a claim lodged on behalf of Dudizile Xaba, of Ezakheni Township, Ladysmith.

Xaba, 59, sustained lifechanging injuries following a road accident in 1995.

The grandmother said in her affidavit that Chetty, a lawyer of 20 years, had come up with all sorts of excuses when she enquired about her money.

“He said he had to pay medical experts and others. The respondent (Chetty) went as far as saying that I had agreed to lend him R520 000 (in) three loan agreements. I did not sign even one loan agreement let alone three with him.”

She said Chetty had given her the run-around and had not paid the money due to her.

Nadira Harripersad, the society’s deputy manager (regulatory affairs), said in her affidavit that Chetty had deposited the funds into his personal account instead of his trust account.

“The maximum legal contingency fee is 25% (R350 000). (Chetty), however, charged Xaba R766 546. It is clear that the money had been misappropriated.”

Harripersad said Chetty had given Xaba a cheque for the R520 000 but it had bounced after Xaba had presented it to the bank.

Chetty denied that he had stolen the money, saying he had used R479 072 to pay medical and other experts and counsel and that Xaba had lent him R520 000.