State’s job to prove what was allegedly stolen, RAF fraud accused tells court

A former attorney accused of stealing millions of rand from Road Accident Fund (RAF) payouts repeatedly refused to tell a court on Thursday how much he had paid to two clients, insisting it was the state’s job to prove what he had allegedly stolen.

Testifying in the magistrate’s court in KuGompo City, Manfred Chinamasa maintained that the prosecution had drafted the charge sheet and therefore had to prove the amounts it alleged he misappropriated.

“It is not for me to prove my innocence. It is for the state to confront me with precise charges,” Chinamasa told the court.

“Therefore I’m not going to answer as to how much I paid [Simpiwe] Vetyeka. It is for the state to prove.”

By the time proceedings were adjourned on Thursday, state prosecutor advocate Siphamandla Ngxokolo had cross-examined Chinamasa on only two of the charges he faces.

Chinamasa is accused of misappropriating millions of rand paid by the RAF into his law firm’s trust account on behalf of accident victims.

The complainants in the two counts before court are the late Zwelinzima Mceka, who was injured in a crash on the NU2 highway in Mdantsane on October 28 2015, and former IBF boxing champion Simpiwe Vetyeka, who was injured in a motor vehicle accident in KuGompo City on April 13 2018.

The state alleges Chinamasa successfully pursued RAF claims for both men but failed to pay them the amounts due after the claims were settled.

According to the charge sheet, the RAF paid more than R1m into Chinamasa’s FNB trust account on November 25 2021 for Mceka’s benefit.

After Chinamasa allegedly failed to transfer the funds, Mceka approached the Makhanda high court, which ordered the attorney to pay him R702,073.81.

The court previously heard that Mceka had received only R19,000, paid before the RAF settlement.

Chinamasa admitted that the RAF money had been paid into the firm’s trust account, where he was the sole director and sole signatory, and confirmed he had advanced Mceka R19,000.

However, when asked how much he had paid Mceka after the RAF funds were deposited, he declined to answer.

He also admitted the RAF had paid more than R3.2m into the firm’s trust account for Vetyeka.

When repeatedly asked how much of that money was ultimately paid to the former boxer, Chinamasa again refused to answer.

He told the court he was entitled to retain 25% of the settlement as legal fees.

During the state’s case, Vetyeka testified that his boxing career ended after he suffered serious injuries in a hit-and-run accident in April 2018.

He told the court that Chinamasa successfully pursued his RAF claim, which was settled in 2021 for more than R3.2m.

According to the charge sheet, Chinamasa transferred only R1m to him and failed to pay the balance.

Vetyeka testified he only received the R1m after instructing another attorney to intervene.

“To even get the R1m was because I had gone to another attorney to report him and the attorney wrote him an email and that is when he made the payment,” Vetyeka previously testified.

“He also begged me to withdraw the complaint.”

On Thursday, Chinamasa calculated that his 25% legal fee from the settlement amounted to R805,507.38, leaving Vetyeka with more than R2m.

He argued that Vetyeka had initially told police he was owed more than R2m, while the state alleged in the charge sheet that the amount stolen was about R1.3m.

“The state in this count has said that the amount stolen is R1.3m,” he said.

“The client says the money stolen is R2m. It’s for the state to prove me guilty of what I stole,” he said.

The trial continues on Friday.

Daily Dispatch