Legal profession corruption under scrutiny

The Special Investigating Unit (SIU) and the Legal Practitioners Fidelity Fund (LPFF) have signed a Memorandum of Understanding (MoU) aimed at bolstering co-operation in investigating fraud, corruption and maladministration in the legal profession and related sectors. A Polity report notes the partnership is established under the framework provided by chapter three of the Constitution. SIU head Advocate Andy Mothibi said the MoU represented a significant step in strengthening the mechanisms to combat fraud and corruption. ‘We look forward to deepening our collaboration with the LPFF and turning the commitments of this MoU into tangible results. Together, we are better equipped to protect public interests, uphold the rule of law, and promote good governance,’ he said. LPFF CEO Motlatsi Barnabas Molefe welcomed the collaboration, stating that the practitioner’s partnership with the SIU demonstrated its commitment to protecting public resources and maintaining trust in the legal profession. ‘By sharing resources and expertise, we can collectively respond more effectively to threats of fraud and unethical practices. Where we fall short, the SIU will help us have teeth to bite. More importantly, to recover funds that are stolen from the public,’ he explained.

Joint efforts have previously prevented potential financial losses exceeding R3bn and resulted in 45 referrals to the LPFF, involving about R279.5m. The Polity report says these cases highlighted non-compliance by legal practitioners, particularly relating to trust accounts and fund disbursement, and exposed potential misappropriation. Criminal referrals were made to the National Prosecutions Authority (NPA). ‘We don't want to leave any aspect unattended. So, just in terms of the numbers, the ones that we have referred to the NPA is about 54 ...,’ Mothibi pointed out. The MoU will serve as a strategic platform to deepen co-operation, improve information-sharing, co-ordinate investigative efforts, and promote integrity and justice, he added. It further formalises mutual responsibilities, prioritises joint cases, and ensures regular communication on developments and outcomes, ultimately strengthening the collective fight against fraud, corruption, maladministration, and malpractice to enhance public service delivery.