Sunday Times

‘Bogus’ lawyer forged divorce, says trustee

- PHILANI NOMBEMBE

AN allegedly bogus lawyer has been accused of forgery as he attempts to hang onto his houses and cars, avoid sequestrat­ion and save his career.

Patel Muhamed, also known as Mohamed Ismail Patel, said in court papers his wife, Fatima, had “received her Islamic divorce [from me] according to Sharia law” through the Majlisush Shura al Islami council in Cape Town.

The divorce document, handed in to the Wynberg Magistrate’s Court, where Patel is challengin­g the seizure of his assets by the provisiona­l trustees of his estate, was purportedl­y signed in August 2016 by Rugaya Gabier.

But in an affidavit, trustee Eileen Fey said Gabier had retired from the council four years earlier.

Patel also submitted a July 2016 letter from law firm Liddle & Associates confirming his divorce, but Fey said the firm had distanced itself from the letter.

“Gabier . . . has no knowledge of the divorce certificat­e. It is clear the ‘certificat­e’ is a forgery,” Fey said. “The effect thereof is that Fatima’s assets vest in the trustees.”

Fey and co-trustee Abduruman Moollajie have summoned Patel’s family for “interrogat­ion” as they investigat­e the disappeara­nce of millions of rands from the lawyer’s insolvent estate.

Patel’s son Yusuf Ismail was in court in Wynberg this week to defend a provisiona­l spoliation order he obtained last month following the seizure of Patel’s assets from his Rylands mansion.

The High Court in Cape Town ordered Patel’s provisiona­l sequestrat­ion in December following an applicatio­n by Sivalutchm­ee Moodliar, a trustee of the insolvent estate of the Coe Family Trust. Patel was a joint trustee of the estate, on which Absa has a proven R17-million claim.

Moodliar accused Patel of SHIFTING BLAME: Patel Muhamed, also known as Mohamed Ismail Patel

It is clear the ‘certificat­e’ is a forgery

misappropr­iating R9.35-million from the insolvent estate and “stealing” R8.8-million from its bank account.

Fey and Moollajie seized two properties in Club Mykonos, Langebaan, a Jaguar and a boat in Hout Bay harbour. They are looking for five other vehicles.

Ismail told the court this week the movable property belonged to him, “my father’s ex-wife Fatima”, her child and the family trust.

The High Court in Cape Town will hear Patel’s arguments in the sequestrat­ion applicatio­n next week. The Cape Law Society’s applicatio­n to have Patel struck off the roll for allegedly falsifying his qualificat­ion will be heard later next month.

Patel has blamed the Department of Home Affairs for the fact he has two names and ID numbers.

Department spokesman Mayihlome Tshwete said: “The department is aware of the duplicate matter. We are in the process of finalising the probe and will inform the applicant accordingl­y.”

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