Fraud accused Eastern Cape advocate Mava Malla is expected to learn his fate on June 30 when judgment is set to be handed down.
Dressed in a slick navy-blue suit, Malla took to the dock of the Gqeberha regional court on Tuesday morning. The former chief executive of the SA National Boxing Control Commission informed magistrate Tobie Gerber that he would represent himself. He faces charges of theft and fraud.
Gerber had earlier said the court would not deal with the issues that led to Malla’s absence in court on Friday, when he was initially meant to appear.
Malla said on that day he had been dealing with another matter in the Makhanda high court, which was linked to the criminal case. In that matter, the Legal Practice Council (LPC) seeks to have Malla struck from the roll.
Both matters relate to former client James Mnyamana, who accused Malla of stealing the thousands of rand he had paid him for legal services which were allegedly never rendered. Malla told Gerber he spent the whole of last week at the high court.
The application brought by the LPC was called on Thursday last week and Malla was granted condonation to file his papers. Malla said he would now need time to go through the papers related to his criminal case.
Previously, in April, Gerber issued a warrant of arrest against Malla after the advocate suddenly left the court building — on two separate occasions — before his case was called
Gerber said all that was needed now was for Malla to address the court ahead of judgment. He then granted a final postponement to June 30.
“We’ve been more than lenient. On June 30 we will finalise this matter and you must be ready to address the court,” Gerber said.
Previously, in April, Gerber issued a warrant of arrest against Malla after the advocate suddenly left the court building — on two separate occasions — before his case was called.
On April 16, he plead guilty to a charge of contempt of court, for which he received a warning. However, on the same day, he was arrested in connection with an unrelated matter in Komani. Authorities in Komani had been looking for him since January and the warrant was issued after Malla failed to appear in court because he was reportedly ill. After his arrest, he was released later the same day.
The Komani case involves a dispute over R300,000 which the complainant claimed to have paid into Malla’s account for transfer costs related to the purchase of a property. Malla has disputed this, arguing that the money was a fee paid by the complainant’s brother for his own legal matter.
The LPC’s application comes after Malla reportedly failed to respond to the misconduct charges levelled against him and did not pitch up at a disciplinary hearing.
Mnyamana claimed he lost nearly R20,000 and some of his assets when Malla allegedly failed to provide the legal services for which he had paid him.
The provisional charge sheet before the Gqeberha regional court states that on November 20 2019, near the Nxuba regional court, Malla “unlawfully and intentionally stole R19,850 from Manyamana”.
The relief sought by the council in the application is for Malla to be struck from the roll. That is a decision to be made by the court after having considered all the documents and arguments from the parties
— Kabelo Letebele, LPC spokesperson
When Malla allegedly accepted the funds, he was not entitled to do so. In terms of the Legal Practice Act, as a registered advocate, Malla must receive all instructions via an attorney. The money paid by a client must also be held in the attorney’s trust account.
In this case, the money was allegedly paid into Malla’s personal bank account and there was no instructing attorney. He also allegedly failed to provide the services the client had paid for.
LPC spokesperson Kabelo Letebele said the application for Malla to be struck from the roll was before court.
“Accordingly, as the matter is sub judice, we are not able to comment [on the merits]. Having said that, it should suffice to confirm that the matter was initially enrolled for hearing on an unopposed motion roll as there was no opposition to the relief sought,” Letebele said.
He said Malla belatedly served and filed his opposition and answering affidavit. “The hearing of the application was stood down to May 21 to allow [the] council to file a replying affidavit addressing the issues raised in Malla’s answering affidavit,” Letebele said.
“The relief sought by the council in the application is for Malla to be struck from the roll. That is a decision to be made by the court after having considered all the documents and arguments from the parties.”
He said Malla had not yet been suspended from practising, and that his status would be determined by the outcome of the application.
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The Herald
Msindisi Fengu
www.timeslive.co.za