Lawyer suspended for pocketing client’s money

A Rundu-based lawyer has been suspended from practicing pending a disciplinary enquiry into allegations of unethical and unprofessional conduct.

Ricardo Mukonda allegedly misappropriated N$650 000 belonging to a client from his law firm’s trust fund, which he refused to pay back. The client had to turn to the court to get his money back.

Mukonda is also being investigated for charging the client, Alfred Ndabeni, N$89 000 - despite only obtaining a default judgment. Mukonda has been requested to provide a detailed invoice breakdown.

As per a 28 July High Court order in favour of the Law Society of Namibia (LSN), Judge Shafimana Ueitele ordered that Mukonda temporarily be suspended from practice pending the determination of a complaint lodged against him in terms of the Legal Practitioners Act.

The suspension will lapse by close of court on 5 September.

Ueitele further ordered that LSN director Margaretha Steinmann be temporarily appointed as curator bonis, duly assisted by an agent to be appointed for the purpose, to control and administer Mukonda’s firm’s incorporated trust and business account.

Didn’t receive payment

LSN approached the High Court following a complaint lodged against Mukonda and his law firm by Ndabeni on 29 April.

The discord between the two started when Ndabeni sought Mukonda’s services to deal with a matter with the Katima Mulilo town council.

Mukonda successfully managed to get a default judgment in favour of his client and just over N$1.4 million was to be paid to Ndabeni through the law firm’s trust fund.

The town council on 13 April 2021 made the first payment of N$650 000 into fund, which was supposed to be paid over to Ndabeni.

This money was, however, not relayed to the client, who said he has not received it to date.

According to the trust fund’s bank records, by 30 September 2021, the account only had N$31 in it.

On 16 November 2021, the Katima Mulilo town council made a second payment of N$761 645, and this time around, the money was paid over to Ndabeni.

With the firm unwilling to pay the outstanding N$650 000, Ndabeni turned to the LSN.

Overcharged

Apart from the monies owed to him, Ndabeni also alleged that Mukonda overcharged for legal services in pursuance of a default judgment - to the value of N$89 000.

Upon receipt of the complaint, the law society addressed a letter - dated 10 May - to Mukonda, seeking clarity on the allegations.

The LSN followed up with another letter on 23 May, both of which remain unanswered.

A third letter dated 1 June informed Mukonda that the law society would send someone to investigate the matter. On 6 June, LSN compliance officer Alan Engelbrecht visited Mukonda’s office in Rundu, only to find it closed.

He returned on 7 June and found the office closed again.

Evidence

Mukonda was tracked down later that day while attending to a case at the Rundu Magistrate’s Court, where he was informed about the nature of Engelbrecht’s visit.

He complied and took the compliance officer to his office, where he allowed him to scrutinise his books.

Some documents were at his house and he had to retrieve them.

Engelbrecht found all the evidence needed to collaborate Ndabeni’s version of events.

According to documents filed in court, both payments by the town council reflected on the law firm’s books.

The documents also confirmed that only one of the council payments was paid over to the client.

It was also discovered that the law firm’s books were not properly prepared.

[email protected]