High court interdicts attorney
Mostert labelled ‘danger to public’
Aprominent Komani attorney, the son of late respected lawyer Francois Johannes Mostert, or “Mossie” as he was fondly known, has been interdicted from practising by the Makhanda high court pending the finalisation of a disciplinary case brought against him by the Eastern Cape Provincial Legal Practitioners Council (LPC).
Francois Andre Mostert, 38, who is the sole director of Francois Andre Mostert Inc, could also face imprisonment for up to two years if found guilty for contravening section 33 of the Legal Practitioners Act (LPA) for practising without a Fidelity Fund certificate, a key requirement for all legal practitioners, prior to the registration of his law firm by the LPC on April 12 2022.
He was labelled as a “danger to the public” by the LPC after he allegedly duped a number of Komani residents and business owners who were left high and dry on empty promises.
According to the Act, any person who contravenes the provisions of section 33 is liable to a conviction, or a fine or to imprisonment for a period not exceeding two years, or both.
“The first and second respondent [Mostert and the law firm] are hereby interdicted and prohibited from practising as an attorney of this honourable court, pending the issuing of a valid Fidelity Fund certificate by the applicant,” judge Bulelwa Pakati said in the court order.
The judge also ordered that Mostert’s disciplinary hearing start on October 18 2022, something which his family described as a “disgrace” to the family name and to his father’s legacy as an ethical lawyer.
Mostert was interdicted and prohibited from operating his trust account(s) and the curator was appointed to take over the administration of the accounts.
According to the LPC, which regulates the legal profession in the public interest, Mostert had not been issued with a valid Fidelity Fund certificate before registering his firm and therefore was not allowed to practise.
“Prior to registering his own practice, he was on the roll of nonpractising attorneys as from October 1 2020 and therefore he was not required to be in possession of a Fidelity Fund certificate as required in terms of section 84 of the Legal Practice Act, No 28 of 2014 the LPA],” said LPC spokesperson Kabelo Letebele.
He said Mostert was admitted to practise as an attorney on January 18 2009 and had practised as a professional assistant, and was not required to be in possession of a Fidelity Fund certificate.
Letebele said the purpose of the Fidelity Fund certificate was to ensure the interests of clients were protected, safeguarding them from pecuniary loss due to theft of their monies or property entrusted to practising members of the legal profession.
“When it became clear to the LPC that Mostert was indeed practising, which he continued to deny, high court proceedings for an order in terms of which he was interdicted from practising pending the finalisation and outcome of the disciplinary proceedings were authorised by the Eastern Cape Provincial Council, and the required relief was granted by the Eastern Cape Division, Makhanda, on September 6 2022,” he said.
Letebele said any legal practitioner who practised without being in possession of a Fidelity Fund certificate was a danger to the public.
Local resident Bobby Lottering, who was allegedly misled by Mostert, hired him to submit a Road Accident Fund (RAF) claim in July 2020 after a motor vehicle accident.
“Francois said he will do the RAF for me. In November 2021 he borrowed R50,000 from me, promising to pay it back the next week,” Lottering said.
“This payment only happened five weeks later after many phone calls.
“He promised me that he should have an offer from the RAF early 2022. Nothing happened. He then sent me with a letter in June from his office to go and see Dr Rall in Bloemfontein.
“No-one from Rose Park Hospital knew anything about this.”
Not long after this, Mostert allegedly phoned him to say the RAF had sent him an offer of R4m, for which Lottering signed the offer of acceptance in his office.
“My wife received a voice note from Francois in July saying the Eagle had landed. Meaning that the money had been paid.
“He sent me two proof of payments that I requested from him as the money was not showing in my account,” explained Lottering.
He said: “He even sent me an SMS showing that R4m was paid. We were notified by ABSA, after emailing this to them, that the proof of payment was fraudulent. Francois denied this, even in front of the branch manager.
“He then admitted to me that he had not yet received the funds but was hoping to receive them soon.”
To rub salt in the wound, when Lottering’s wife phoned the RAF, she was told no claim had been lodged under their name.
According to a source in the legal fraternity, incidents such as this are more common than people realise.
“The public must be aware of who their attorney is and if needs be contact the Legal Practice Council to confirm their attorney is properly registered with them before paying for services.
“The LPC also needs to take a firmer hand with attorneys who flagrantly disregard the rules,” he said.
Another victim, a business owner in the property market, described his encounter with Mostert as an “unfortunate experience” after a fallout which went as far as the Makhanda high court.
“I would prefer to make no comment other than to say that it has been an unfortunate experience,” he said.
Detailed questions were sent to Mostert on Tuesday but he had not replied by the time of going to press. Attempts to reach him on his mobile phone were unsuccessful.
The LPC declined to comment to The Rep.
He even sent me an SMS showing R4m was paid. We were notified by ABSA, after emailing this to them, that the proof of payment was fraudulent. He denied this in front of the branch manager.