An East London woman, allegedly swindled out of millions of rand from a Road Accident Fund payout after a horrific car accident which damaged her spine, is searching for justice.
She is one of half-a-dozen claimants who have accused East London attorney Manfred Chinamasa, now in custody, of theft totalling more than R5m.
Nomachule Sithole’s accident in 2015 in Old Langelitsha Township left her paralysed on her right side, forcing her to use a walking stick.
Before the accident, Sithole, now 49, enjoyed life with her family and actively participated in sports such as netball and aerobics.
Today, she is constantly in pain, cannot sit for long periods and cannot cook, wash or do other chores around the house.
She was awarded more than R2.4m by the RAF in 2017, but the mother of four alleges that she has never seen a cent.
Using her salary as a correctional service employee, she has to pay for speech therapy and physiotherapy as well as an aide to help her get by.
Chinamasa, who was struck off the roll of legal practitioners in November 2023, is accused of stealing Sithole’s money and the RAF payouts of six other victims.
Initially, when arrested at his Beacon Bay home in February 2024 by the Hawks, in conjunction with East London crime intelligence, Chinamasa had faced three counts of stealing from clients.
Two more counts of theft were added during his bail bid.
During his appearance in the East London commercial crimes court last week three more counts — one of money laundering and two of theft — were added.
According to the new charge sheet handed to him last week, Chinamasa allegedly swindled nearly R3m from two other accident victims, including Sithole.
The charge of money laundering relates to one of the old counts.
The new charges now takes the tally of money he allegedly stole from his clients to more than R5m.
Chinamasa, who was admitted as an attorney in the Eastern Cape division on March 4 2005, and registered with the Legal Practice Council, ran his practice, Manfred Chinamasa Attorneys, in East London.
Speaking to the Dispatch last week, Sithole said the accident had changed her life.
“I’m in a very bad situation,” she said.
“I used to gym, do aerobics and play netball but now I cannot sit for long in a chair.
“At work I was changed to a position suitable for my condition. I depend on people now. At one point, I could not even wash myself.
“This has left me damaged. My body is painful every day, especially when it’s hot or too cold. I take pills for the pain.”
In October 2023, it was reported that the Legal Practice Board had struck Chinamasa from the roll as a practising attorney.
He has been representing himself after he opted to let his attorney go during his bail bid.
According to the charge sheet, Sandiso Nomnganga was knocked down by an unknown car in Cambridge on May 18 2017 and seriously injured.
On July 10 2020, the RAF electronically transferred R425,000 into Chinamasa’s trust account for general damages for Nomnganga.
But Chinamasa allegedly did not transfer the R318,750 due to Nomnganga.
On July 11 2011, at the junction of Voortrekker and Emily Hobhouse roads, seven-year-old Trista was in an accident and seriously injured.
On her behalf, Dr Jane-Francis Afungemeyu Abongdia instructed Chinamasa to claim third party compensation from the RAF.
In February 2020, the RAF transferred R2.26m to Chinamasa’s trust fund to cover Trista’s general damages and future loss of earnings.
But the charge sheet alleges Chinamasa never transferred any funds to Trista. The money laundering charge relates to this count.
It is the state’s case that between February 2 and 27 2020, Chinamasa, who should have known that more than R2.2m had been deposited in his trust fund, concealed this.
The charge sheet lists the first complainant as Zwelinzima Mceka, who was involved in a motor vehicle accident on October 28 2015 on the NU2 highway in Mdantsane.
More than R1m was paid out by the RAF but Mceka allegedly never received a cent
The second complainant is former boxer Simphiwe Vetyeka, who was involved in a motor vehicle accident on April 13 2018 in East London. His boxing career was cut short by the hit-and-run accident.
The Mdantsane-born Vetyeka is a former WBA and IBO featherweight champion, and a former IBO super-bantamweight champion.
Vetyeka employed Chinamasa to claim compensation from the RAF. The matter was settled in 2021 and Vetyeka was allegedly awarded more than R3m.
The charge sheet states that Chinamasa only transferred R1m and allegedly never settled the balance.
The fourth complainant is Nontuthuzelo Tom, on behalf of her late brother, Vusumzi Tom, who was involved in a motor vehicle accident on December 31 2013 in Qumza Highway Road in Mdantsane.
A total of R800,000 was allegedly paid out but it too never reached Tom.
The fifth complainant is Khumshile Derrick Mandita, 63, a law student Chinamasa taught.
He was in an accident on April 25 1996in eMaXesibeni, and was later medically boarded by his employer, Telkom.
More than R2.6m was allegedly paid into Chinamasa’s trust account in January 2021, but only R1.1m was allegedly transferred to Mandita.
During his bail bid, Chinamasa disputed the amounts stated in the charge sheet.
In 2024, speaking outside the East London magistrate’s court during bail proceedings, wheelchair-bound Mthatha resident Mandita said he still yearned to receive his money.
Adapting to a life of disability was expensive.
“I want to meet all the victims to approach the high court to grant us an order that compels the Law Society to reimburse us all our monies ...
“I wanted to build a house that would accommodate my situation. The money would make my life easier.”
Chinamasa will be back in the dock on April 25 for a pretrial conference.
Daily Dispatch
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