KEY POINTS
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Lawyer Nonhle Nkomonde has been suspended after allegedly using over R2 million from a deceased estate to buy eight properties.
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She faces 29 complaints of fraud, illegal property transfers, and estate mismanagement, many carried out without proper legal certification.
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The Pretoria High Court suspended her until September 9, and a curator has been appointed to manage her trust account and assist affected clients.
A young attorney from Alberton, Ekurhuleni, has been suspended from practicing law after being accused of stealing funds from deceased estates and fraudulently transferring client properties into her own company’s name.
The Pretoria High Court handed down the suspension against Attorney Nonhle Nothando Nkomonde on Tuesday, following 29 serious complaints brought to the Legal Practice Council (LPC) by affected clients.
Nkomonde, who was admitted as an attorney in October 2022, is accused of abusing her position as a legal representative to enrich herself unlawfully by targeting vulnerable estates.
In one of the most shocking allegations, she reportedly used over R2 million from the estate of the late Dr. David Frank Lubenga to purchase eight properties in Soweto and Orange Farm during 2023.
“She admitted to buying eight houses with her clients’ money because her business was in trouble,” said Advocate Marie Moolman, representing the LPC in court. “Suspending her is justified because the public needs to be protected from her.”
Court suspends Alberton attorney amid claims of fraud
According to the LPC, Nkomonde’s misconduct extends beyond financial mismanagement. She allegedly operated without a Fidelity Fund Certificate, a crucial regulatory document that allows legal professionals to hold and manage funds on behalf of clients.
Without this certification, clients who lost their money may not be eligible for compensation through the fund.
In another disturbing case, 61-year-old Bethusile Mavuka accused Nkomonde of transferring ownership of her house in Orlando East, Soweto, into her law firm’s name without her consent. Deeds Office records confirm the sale of the property to Nonhle Nkomonde Attorneys Inc. for R300,000, allegedly without Mavuka’s knowledge or authorization.
SowetanLIVE first reported on Nkomonde earlier this year after clients began approaching the LPC in desperation. The council’s investigation revealed that Nkomonde, though not a qualified conveyancer, conducted property transfers and managed deceased estates—roles for which she was neither certified nor authorized.
Nkomonde did not appear in court, but her legal representative, Advocate Herman Higgins, acknowledged her failings, calling her “a terrible administrator.” He added: “There are 29 complaints against her, and that is indicative of someone in big trouble. She agrees to a suspension but asks for the opportunity to explain herself in full before the court decides whether she should be permanently struck off.”
Despite admitting partial responsibility, Nkomonde disputed three of the complaints. However, her suspension is in effect until September 9, when the court is expected to reconvene and assess whether she should be permanently disbarred.
Judges Soraya Hassim and Graham Moshoana agreed that immediate action was necessary, granting the suspension to protect the public and placing her trust account under curatorship. “By suspending her, a curator would take over her trust account and would be able to pay some of the complainants with money found in her trust,” said Moolman.
The case highlights ongoing concerns about legal malpractice in South Africa, particularly among newly admitted attorneys who may lack adequate oversight. The LPC has urged the public to verify the registration and credentials of any attorney handling sensitive financial matters, especially those involving estates and property transactions.
As more complaints surface, Nkomonde’s future in the legal profession remains uncertain, but her case serves as a reminder of the importance of accountability and trust in legal practice.
