Africa-Press – South-Africa. Judgment has been reserved in a fight between a news agency and a legal practitioner’s watchdog which failed to investigate allegations of lottery grant fraud and other dodgy dealings by a Pretoria lawyer.
On Thursday, the Gauteng High Court in Johannesburg reserved judgment in a case between GroundUp, a community focused news publisher, and the Legal Practice Council (LPC).
This follows events surrounding lawyer Lesley Ramulifho, whom GroundUp has accused of benefitting from R60 million in lottery grants.
The NPO further stated Ramulifho submitted doctored financial documents to try and prove his innocence.
GroundUp and journalist Ray Joseph have been at the forefront of exposing fraud and corruption at the National Lotteries Commission.
Appearing at an online trial, advocate Nick Ferreira, acting for GroundUp, alleged Ramulifho had committed fraud and perjury when handing in forged documents but did not have to answer to the allegations because the LPC did not investigate his conduct.
Ferreira argued as the Legal Practice Act required the LPC to investigate complaints, the council failed to comply with its legal mandate.
He said the fact that an investigation had not taken place before the complaint was dismissed showed the council failed to follow legal procedure.
Advocate Ri Schoeman for the LPC argued fraud and perjury charges fell within the police’s jurisdiction and the LPC should wait until after the police investigation to do its own probe.
In response to this, Judge Seena Yacoob asked:
Schoeman held allegations should first be tested by an authority other than the LPC, saying “nothing is stopping [GroundUp] from submitting a new complaint with better evidence”.
He added the appeal tribunal was now up and running, and the applicant should go to the tribunal instead of the court.
In a statement published in May last year, the NPO said it tried to appeal the decision but was told it was not possible because the entity had not yet established an appeal tribunal.
In response, Ferreira argued the LPC did have jurisdiction as the overseeing body.
And that where the same conduct constitutes a crime and professional misconduct, the police and LPC should investigate simultaneously as they both have jurisdiction.
In articles published last year, GroundUp accused Ramulifho of being a lottery crook whose non-profits benefitted from at least R60 million in Lottery grants.
GroundUp claimed the lawyer tried to get the courts to take down articles mentioning his name.
The group said Ramulifho lodged court papers which included forged documents.
In a statement, GroundUp included an FNB bank statement with anomalies as an example of the forgeries he provided to prove he had not misused lottery money.
It complained to the LPC and laid a charge with the police.
The LPC investigating committee dismissed the complaint against Ramulifho without a disciplinary hearing.
The LPC said GroundUp did not prove its case.
In a statement, the NPO said it tried to appeal the decision but was told it was impossible because the entity had not yet established an appeal tribunal.
“This left us with no recourse other than to ask the Gauteng High Court to review the LPC’s decision.
“That this matter was not investigated and never went to a disciplinary hearing is an injustice. That we were unable to use the LPC’s internal appeal mechanism is disgraceful,” the GroundUp editors stated.
For More News And Analysis About South-Africa Follow Africa-Press
